Water Main Utility over Kennedy Mall Ltd. Property Grant of EasementCity of Dubuque
City Council Meeting
Consent Items # 030.
Copyrighted
June 20, 2022
ITEM TITLE: Water Main Utility over Kennedy Mall Ltd. Property Grant of Easement
SUMMARY: City Manager recommending approval of the acceptance of the Grant of
Easement for Water Main Utilities from Kennedy Mall, Ltd. as part of the
Stoneman Road Reconstruction Project.
RESOLUTION Accepting a Grant of Easement for Water Main Utility
Over and Across Part of Lot 1-1-1-1-1 Of Hawkeye Stock Farm in
Sections 27 and 28, Dubuque Township, in the City of Dubuque,
Dubuque County, Iowa
SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
Grant of Easement for Water Main Utility over Kennedy City Manager Memo
Mall Ltd. Property-MVM Memo
Staff Memo
Resolution
Easement
Staff Memo
Resolutions
Supporting Documentation
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Acceptance of a Grant of Easement for Water Main Utility over Kennedy
Mall, Ltd. 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 Water Main Utilities from Kennedy Mall,
Ltd. as part of the Stoneman Road Reconstruction Project.
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
THE CITY OF
DUB E
Masterpiece on the Mississippi
TO:
FROM:
DATE:
RE:
Michael C. Van Milligen, City Manager
Gus Psihoyos, City Engineer
June 9, 2022
Dubuque
All•MerieaCity
2007,2012.2013
2017*2019
Acceptance of a Grant of Easement for Water Main Utility over Kennedy Mall, Ltd.
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 Water Main Utility across Kennedy Mall, Ltd. property being part of Lot 1-1-1-1-1 of Hawkeye
Stock Farm in Sections 27 and 28, Dubuque Township, in the City of Dubuque, Dubuque County,
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.
In addition, the project includes a water main extension thru the northern portion of the Kennedy
Mall shopping center. The extension will connect the existing public water main around the
shopping center to the public water main on Stoneman Road, creating a loop which will provide
system redundancy and better water quality. The proposed water main utility easement will
allow for the construction, ownership and maintenance of the extension by the City.
As part of the permanent water main easement, the grant also provides a temporary construction
easement as well as temporary detour easement thru the Kennedy Mall shopping area. This
temporary detour easement will connect Stoneman Road to Century Drive and will help to
provide continuous access to all businesses during each phase of the construction project.
RECOMMENDATION
I recommend accepting the Grant of Easement for Water Main Utility from M & D Real Estate 1,
LLC across part of Lot 1-1-1-1-1 of Hawkeye Stock Farm in Sections 27 and 28, Dubuque
Township, in the City of Dubuque, Dubuque County, 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 Water Main Utility from Kennedy
Mall, Ltd. 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 by, Nate Kieffer City of Dubuque 50 W. 1311 Street Dubuque IA 52001 (563) 589 4270
Return to: Adrienne N. Breitfelder, City Clerk City of Dubuque 50 W. 13t' Street Dubuque IA 52001 (563) 589-4121
RESOLUTION NO. 231-22
ACCEPTING A GRANT OF EASEMENT FOR WATER MAIN UTILITY OVER AND
ACROSS PART OF LOT 1-1-1-1-1 OF HAWKEYE STOCK FARM IN SECTIONS 27
AND 28, DUBUQUE TOWNSHIP, IN THE CITY OF DUBUQUE, DUBUQUE COUNTY,
IOWA
Whereas, Kennedy Mall, Ltd. has executed a Grant of Easement for Water Main
Utility through, over and across part of Lot 1-1-1-1-1 of Hawkeye Stock Farm in Sections
27 and 28, Dubuque Township, 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 Water Main Utility through, over
and across part of Lot 1-1-1-1-1 of Hawkeye Stock Farm in Sections 27 and 28,
Dubuque Township, in the City of Dubuque, Dubuque County, Iowa, as shown on the
Grant of Easement for Public Utilities, from Kennedy Mall, Ltd., 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 Water Main Utility with the Dubuque County
Recorder.
Passed, approved, and adopted this 201 day of June, 2022.
Attest:
Adrienne N. Breitfelder, City Cle
Doc ID: 010976760009 Type: GEN
Kind: EASEMENT
Recorded: 06/22/2022 at 08:47:37 AM
Fee Amt: $47.00 Paqe 1 of 9
Dubuque CountV Iowa
John Murphy Recorder
File2022-00007804
Prepared by: Nate Kieffer, City of Dubuque, Engineering Dept. 50 W. 13th Street, Dubuque, Iowa 52001 (563)
589-4270
Return to: Nate Kieffer, City of Dubuque, Engineering Dept., 50 W. 13th Street, Dubuque, Iowa 52001 (563)
589-4270
GRANT OF EASEMENTS FOR WATER MAIN UTILITY
For and in consideration of the sum of Nineteen Thousand, Nine Hundred Thirty and 50/100
Dollars ($19,930.50) and other good and valuable consideration, Kennedy Mall, Ltd. ("Grantor")
a limited liability company, duly organized and existing under the laws of the state of Ohio, does
hereby grant to the CITY OF DUBUQUE, IOWA ("Grantee"), a municipal corporation, its agents
and contractors, from the date hereof, a right-of-way and nonexclusive permanent easement (the
"Water Main Easement"), through, under and across the following described real estate situated
in Dubuque, Iowa, to wit:
A part of Lot 1-1-1-1-1 of Hawkeye Stock Farm in Sections 27 and 28, Dubuque Township,
in the City of Dubuque, Dubuque County, Iowa, containing 3,730 square feet, as shown
on Exhibit A attached hereto and by reference made a part hereof.
Said easement is shown and more accurately described on the attached Exhibit A, and is granted
for the limited purpose of constructing and maintaining underground water main utility in
accordance with the Plans and Specifications approved by the office of the City Engineer, along
with the future right and authority to construct, reconstruct, maintain, operate, repair, patrol and
remove said improvements. Grantee covenants to maintain the Water Main Easement area and
keep its system in a perpetual state of good condition and repair so that no unreasonable damage
will result from its use to the adjacent land of Grantor, its successors and assigns. Prior to
performing any of the work permitted hereunder, Grantee shall provide Grantor and Grantor's
Property Manager with no less than seven (7) days advanced written notice that Grantee intends
to perform said work. Grantee shall use materials that free from defects and perform all work in
a safe, good and workman like manner. All construction, operation, maintenance, repair, removal,
replacement and relocation of the Water Main system shall be performed by Grantee in such a
manner so as to avoid and minimize interference with the business operations of Grantor
(including its tenants).
Grantor also hereby grants to Grantee the temporary right to enter upon its property and occupy
two temporary construction easement areas, one adjacent to Stoneman Road and one adjacent
to the Mall private road, as shown on the attached Exhibit A (the "Temporary Construction
Easements"), during the period of construction and until the project is accepted by City Council.
Grantor also hereby grants Grantee and the public a temporary right of ingress and egress over
the Mall's private road from Century Drive to Stoneman Road, such road being shown on the
attached Exhibits A and B (the "Temporary Ingress/Egress Easement"), during Grantee's period
of construction. At all times, Grantee shall occupy and/or use all easement areas in such a
manner as to avoid and to minimize interference with the business operations of Grantor, its
tenants, invitees or the businesses upon the Grantor's property. Additionally, Grantee and/or its
agents, contractors, employees, etc., shall not otherwise interfere with Grantor's tenants, invitees
or the businesses upon the Grantor's property or with the exercise, use, or enjoyment of the rights
reserved by Grantor.
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It is understood and agreed that the Grantee herein, at its own cost and expense, shall maintain,
repair and restore all areas that might be disturbed by its construction, maintenance or repair
activities in the Water Main Easement area to as good or better a condition than was existing as
of the mutual execution this agreement, or to as good or better to the condition than existing as
improved in the future by Grantor. Grantee shall also maintain, repair and restore, at its own
cost and expense, the Temporary Construction Easement areas and the Temporary
Ingress/Egress Easement area to the extent such maintenance, repair or restoration arises out
of Grantee's use of these areas and/or their use by the public for ingress and egress. After the
close of all construction activity, Grantee agrees to restore these areas to as close to their original
condition or to a better condition. Grantee shall indemnify and hold harmless Grantor (including
its tenants) from any and all claims, demands, and causes of action, whether in law or in equity,
judgments, liens, fines, penalties, costs and expenses (including court costs and reasonable
attorneys' fees), liability, loss or damage arising, directly or indirectly, or wholly or in part, from
Grantee's negligent acts or omissions in connection with its use of any of the easement areas,
except to the extent any such claims, demands, suits and cause of action, whether in law or
equity, judgments, fines, penalties, costs and expenses (including court costs and reasonable
attorneys' fees), liability, loss or damage are caused by the negligence or wrongful act of Grantor.
Grantor shall not materially and adversely change the grade, elevation, and contour or perform
any construction or excavation that will materially and adversely diminish the lateral support or
integrity of said improvements in the Water Main Easement area without obtaining the prior
written consent of the City Engineer, said consent not to be unreasonably withheld, conditioned
or delayed. Since Grantor retains its right to develop any and all of its property in the future as it
sees fit, Grantee agrees to relocate the Water Main piping, appurtenances, and Easement area
at Grantor's cost and expense, including design and permitting costs, as and when required by
Grantor. Any relocation shall be to a location that is mutually agreeable to Grantor and Grantee.
With any relocation, Grantor will require no compensation of Grantee for the grant of a similar
Water Main Easement. Notwithstanding the foregoing or anything else in this agreement,
Grantor retains all of its interest in all easement areas, subject to Grantee's interests as herein
granted, and the rights to use and enjoy Grantor's property and the easement areas in any
manner that is not inconsistent with or does not unreasonably interfere with the rights herein
granted to Grantee, which retained rights of Grantor include, but are not limited to, the
construction of roadways, parking areas, structures and landscaping. Grantee shall not interfere
with Grantors use and enjoyment of easement area and Grantor's property.
The easements that are herein granted are subject to any and all existing easements,
encumbrances, conditions, and restrictions of record and to any and all structures and uses, and
does or may parallel or cross existing or future easements for other utilities. All easements
granted herein shall terminate if the water main facility construction project along Stoneman Road
and onto Grantor's property is not completed and operational within one (1) year of execution of
the Grant of Easements. Nevertheless, even if any or all easements terminate, all rights to the
compensation paid for any and all easements shall remain with Grantor. No sums paid shall be
returned to Grantee. Should there be no actual use of the water main facility for two (2) years
after execution of this Grant of Easements, the right of way and easement shall terminate and
Grantee shall remove the system or abandon it in place, subject to the current laws governing
abandonment of such water lines and all other equipment installed, and restore the land and its
surface after removal as such is requested by Grantor.
To have and to hold unto the said City of Dubuque, Iowa, as stated, 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 water main
facility thereon or therein.
Dated at #j , I � 5 (� ' this � day of
M G` \l 2022
Kennedy Mall, Ltd., Ltd.
By: =�e" kk �,J,,�,
Anthony M. Cafa o, Jr., A Ized Agent
B.
N! //,- Authorized Agent
ALL PURPOSE ACKNOWLEDGMENT
STATE OF OHIO)
COUNTY OF TRUMBULL)
On this Z 7 day of 2022, before me, the undersigned, personally
appeared Anthony M. Cafaro, Jr' and to me known to be the Authorized
Agents of Kennedy Mall, Ltd., who did say that said i strument was signed on behalf of the
owners by its authority and the said Authorized Agents acknowledged the execution of said
instrument which signature appears hereon to be the voluntary act and deed of the owners and
by its voluntarily executed.
(Notary Seal)
!' (Signature)
MIRANDA KATHLEEN PARKE
a , n Notary Public
State of Ohio 1j P o Ufa.. c 41 (Printlrype
My Comm. Expires Name)
February 11, 2026 Notary Public in and for State of Ohio
CAPACITY CLAIMED BY SIGNER
_ INDIVIDUAL
CORPORATE OFFICER(S) Authorized Agents (Title)
(CORP SEAL)
_ AFFIXED
Y, NO SEAL PROCURED
PARTNER(S) LIMITED
_ ATTORNEY -IN -FACT
_ TRUSTEE(S)
_ GUARDIAN/CONSERVATOR
_ OTHER
GENERAL
SIGNER IS REPRESENTING
Kennedy Mall, Ltd.
Dated at%�c.�C, , �_]�-� this day of
5�►-�c�� , 2022
City of Dubuque
By:
Michael C. N06n Milligen, City Manager
ALL PURPOSE ACKNOWLEDGMENT
STATE OF IOWA)
COUNTY OF DUBUQUE)
On this LCti day of ����� , 2022, before me, the undersigned,
personally appeared Michael C. Van Milligen, City Manager of the City of Dubuque to me
personally known or provided to me on the basis of satisfactory
evidence to be the p rson(s) whose' name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
Notary Seal)
(Signature)
TRISH L. GLEASONl
` ,ommission Number 719986 (Print Type
Av Commission Eores Name)
( 3 . !a Notary Public in and for State of Iowa
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
CORPORATE OFFICER(S) Authorized Agents (Title)
(CORP SEAL)
_ AFFIXED
_ NO SEAL PROCURED
PARTNER(S) LIMITED GENERAL
_ ATTORNEY -IN -FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING
City of Dubuque
May 26, 2022
Township of Dubuque
County of Dubuque
State of Iowa
Kennedy Mall
LEGAL DESCRIPTION
Exhibit A
Water Main Easement
Situated in the City of Dubuque, County of Dubuque, State of Iowa, and being known as a part of
Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Hawkeye Stock Farm in Sections 27 and 28, as recorded
in Warranty Deed Volume 4715, Page 92 at the Dubuque County Recorder's office, and being
further bounded and described as follows:
Commencing at the southwest property comer of lands of Hills & Dales Development Center as
recorded in Instrument No. 200500010969 at the Dubuque County Recorder's office;
Thence S 89' 47' 30" E, along the southerly property line of lands of Hills & Dales Development
Center, a distance of 304.02 feet to the southerly right-of-way line of Stoneman Road (50' R/W).
Thence along the southerly R/W line of Stoneman Road S 890 47' 30" E, a distance of 69.36 feet,
to the TRUE PLACE OF BEGINNING, and the northerly terminus of the herein described
centerline of a 20 foot wide Water Main Easement;
Thence S 000 07'07" W, entering upon lands of Kennedy Mall, Ltd., a distance of 186.54 feet, to
the southerly terminus of the herein described centerline of a 20 foot wide Water Main Easement;
The above said legal description is not based on an actual field boundary survey, but is based on
the following: (1) Survey drawing prepared by Bock & Clarks National Surveyors Network, signed
and stamped by Ronald L. Gronewald Registration No. 14316, dated October 9, 1998 and date of
last revision December 30, 1998; (2) AutoCAD drawing entitled "ACAD-210056-Exhibits-Model"
received from the City of Dubuque dated 5-25-22.
Kennedy Mall, Ltd.
File No. 21
Page 1 of 2
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Prepared by: Nate Kieffer City of Dubuque 50 W. 13" Street, Dubuque )A 52001 (563) 589-4270
Return to: Adrienne N. Breitfelder, City Clerk, City of Dubuque 50 W. 131" Street, Dubuque, IA 52001 (563) 589-4121
RESOLUTION NO. 231-22
ACCEPTING A GRANT OF EASEMENT FOR WATER MAIN UTILITY OVER AND
ACROSS PART OF LOT 1-1-1-1-1 OF HAWKEYE STOCK FARM IN SECTIONS 27
AND 28, DUBUQUE TOWNSHIP, IN THE CITY OF DUBUQUE, DUBUQUE COUNTY,
IOWA
Whereas, Kennedy Mall, Ltd. has executed a Grant of Easement for Water Main
Utility through, over and across part of Lot 1-1-1-1-1 of Hawkeye Stock Farm in Sections
27 and 28, Dubuque Township, 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 Water Main Utility through, over
and across part of Lot 1-1-1-1-1 of Hawkeye Stock Farm in Sections 27 and 28,
Dubuque Township, in the City of Dubuque, Dubuque County, Iowa, as shown on the
Grant of Easement for Public Utilities, from Kennedy Mall, Ltd., 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 Water Main Utility with the Dubuque County
Recorder.
Passed, approved, and adopted this 201h day of June, 2022.
Bra avanagh, Mayor
Attest:: /
t5Z
'?"7� /-�"
Adrienne N. Breitfelder, City CIA
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. 231-22 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.
a�� A &- 14/ �/
Adrienne N. Breitfelder, City Clerk