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Acceptance of Grant of Easement for Sanitary Sewer Utility from Table Mound Expansion, LLC, as part of the Sanitary Sewer Improvements - Table Mound System ProjectCity of Dubuque City Council Meeting Consent Items # 019. Copyrighted September 6, 2022 ITEM TITLE: Acceptance of Grant of Easement for Sanitary Sewer Utility from Table Mound Expansion, LLC, in Dubuque County, as Part of the Sanitary Sewer Improvements -Table Mound System Project SUMMARY: City Manager recommending City Council adopt a resolution accepting a Grant of Easement for Sanitary Sewer Utility across properties owned by Table Mound Expansion, LLC, in Dubuque County, as part of the Sanitary Sewer Improvements - Table Mound System Project. RESOLUTION Accepting Grant of Easement for Sanitary Sewer Utility Across parts of Lot 1 of Table Mound Acres, Dubuque County, Iowa SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type Acceptance of Grant of Easement for Sanitary Sewer City Manager Memo Utility from Table Mound Expansion, LLC-MVM Memo Staff Memo Staff Memo Resolution Resolutions Sanitary Easement Supporting Documentation MOU Supporting Documentation Area Map 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 Grant of Easement for Sanitary Sewer Utility from Table Mound Expansion, LLC, in Dubuque County, as Part of the Sanitary Sewer Improvements - Table Mound System Project DATE: August 31, 2022 Assistant City Engineer Bob Schiesl is recommending City Council adopt a resolution accepting a Grant of Easement for Sanitary Sewer Utility across properties owned by Table Mound Expansion, LLC, in Dubuque County, as part of the Sanitary Sewer Improvements - Table Mound System 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 Bob Schiesl, Assistant City Engineer THE CITY OF DUB E Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager Gus Psihoyos, City Engineer FROM: Bob Schiesl, Assistant City Engineer Dubuque W11c L1 AP I 4`. 2007,2012.2013 2017*2019 SUBJECT: Acceptance of Grant of Easement for Sanitary Sewer Utility from Table Mound Expansion, LLC, in Dubuque County, as Part of the Sanitary Sewer Improvements - Table Mound System Project DATE: August 31, 2022 INTRODUCTION The purpose of this memorandum is to seek acceptance of a Grant of Easement for Sanitary Sewer Utility across properties owned by Table Mound Expansion, LLC, in Dubuque County, as part of the Sanitary Sewer Improvements - Table Mound System Project. BACKGROUND Per the Memorandum of Understanding between the City of Dubuque and IADU Table Mound MHP, LLC (Table Mound), approved by Resolution # 201-18 and amendment Resolution # 106-19, Table Mound was to make certain improvements to the water distribution and sanitary sewer system serving the Table Mound 1 Mobile Home Park, the Kerrigan Heights subdivision, and seven commercial businesses located on Rockdale Rd. The MOU also stated that after completion of improvements to the Table Mound System, when its water and sanitary sewer components are deemed compliant with both IDNR requirements and City standards, Table Mound would dedicate portions of the Table Mound System to the City for operation as part of the City's water distribution and sanitary sewer collection systems. The City will only be accepting portions of the private systems as detailed in the MOU. The MOU also stated that after improvements have been made and the Table Mound System is deemed compliant with IDNR requirements and City standards, the Table Mound System will be connected to the City's water distribution and sanitary sewer collection system. Customers served by the existing Table Mound System will be served by the City's water distribution and sanitary sewer collection systems after connection DISCUSSION The MOU states that one of Table Mound's responsibilities is to construct a new public sanitary sewer from the Granger Creek Interceptor sanitary sewer to the existing sanitary sewer serving Kerrigan Heights. After dedication to and acceptance by the City, the City will own, operate, and maintain the public sanitary sewer main extended from the Granger Creek Interceptor sewer. The MOU stipulates that Table Mound is responsible for acquiring or granting all easements required to construct, own and maintain the new utilities. The Table Mound property includes two parcels owned by separate Table Mound real estate entities (one owned by Table Mound Expansion, LLC and one owned by IADU Table Mound MHP, LLC). The executed grant of easement and plat are attached to this memo. RECOMMENDATION I recommend accepting the Grant of Easement for Sanitary Sewer Utility from Table Mound Expansion, LLC as identified on the attached resolution and as shown on the exhibit attached to the Grant of Easement. ACTION TO BE TAKEN I respectfully request acceptance of the dedication of Grant of Easement for Sanitary Sewer Utility from Table Mound Expansion, LLC through the adoption of the enclosed resolution. 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 13t' Street Dubuque IA 52001 (563) 589-4270 RESOLUTION NO. 286-22 ACCEPTING GRANT OF EASEMENT FOR SANITARY SEWER UTILITY ACROSS PARTS OF LOT 1 OF TABLE MOUND ACRES, DUBUQUE COUNTY, IOWA Whereas, TABLE MOUND EXPANSION, LLC, has executed a Grant of Easement for Sanitary Sewer Utility across Part of Lot 1 of Table Mound Acres, 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, across the property as listed above, in the City of Dubuque, Iowa from the property owner listed above, 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. 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 Sanitary Sewer Utility in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved, and adopted this 6th day of September 2022. Attest: Bra anagh, Mayor d &� P Adrienne N. Breitfelder, City Clerk Doc ID: 011012940005 Type: GEN Kind: EASEMENT Recorded: 09/07/2022 at 04:00:38 PM Fee Amt: $27.00 Paqe 1 of 5 Dubuque County Iowa John Murphy Recorder File2022-00011242 Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuaue, Iowa 52001 (563)589-4270 Retum to: Nate Kieffer, City of Dubuque, 50 W. 131h 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, TABLE MOUND EXPANSION, LLC, ("Grantor"), a Colorado limited liability company, for themselves, their heirs and assigns, do 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 Table Mound Acres, 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. 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 excavation that will diminish the lateral support or integrity of said improvements without obtaining the prior written consent of the City Engineer. ®DPQ City Er>givge�er 2.7710 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 S� day of L , 2022. TABLE MOUND EXPANSION, LLC 055 NOTARY PUBLIC STATE OFT-ervR , COUNTY OF 1) a 6a CLuE , SS: On this 31s; day of 1766u5-r , A.D., 2022 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared 8ar�.rq in -DftCda&dto 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 yoluntary act anA deed. otary"Public Inand For Said State STEPHANIE J SMALL Enka " Commission Number 3W V - Marcch 3 2024 EASEMENT EXHIBIT A PERMANENT SANITARY SEWER EASEMENT ACROSS LOT 1 OF TABLE MOUND ACRES, LOT 2 OF THE NORTH 1/2 OF THE NE 1/4, LOT 43 AND LOT 44 OF KERRIGAN ROAD HEIGHTS ALL IN SECTION 12, T.88N. R.2E. OF THE 5TH P.M., DUBUQUE COUNTY, IOWA 40' WIDE SANITARY SEWER EASEMENT, NE COR., SEC. 12, NORTH 1/4 CDR., SEC. _ 20' ON EACH SIDE 12, T.88N. R.2E. OF OF CENTERLINE THE 5TH P.M. FOUND CENTERLINE OF A PERMAN74M ALONG L15 BRASS PLUG PER SANITARY SEWER EASEME SEC. COR. CERT. DOC. L15 NO. 1996-201 N 87.35'55" E 2654.97' 40' �A LOT 2 v 20, NORTH 1/2 OF THE NE 1/4 20 g��,7 SEC, 12, T,88N, R.2E. �i{ �1� 6, o (PLAT BOOK 30 PAGE 351) �S� � .34 •. 0 �i 6 01 .. LOT 43 KERRIGAN ROAD HEIGHTS 20' WIDE SANITARY (PLAT BOOK 26 PAGE 219) SEWER EASEMENT, 10' LOT 44 ON EACH SIDE OF KERRIGAN ROAD HEIGHTS (PLAT BOOK 26 PAGE 219) CENTERLINE ALONG L9 THRU L14 0' 200' 400' SCALE IN FEET SCALE: 1" = 400' ~30' JP.O,B, � 30' TABLE WIDE SANITARY SEC. 1ER EASEMENT, 15' (PL "ALONG 20 EACH SIDE OF CENTERLINE ONG L2 THRU L8 LEGEND 1.ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. -- 2. THIS PLAT IS SUBJECT TO _ - _ - _ _ _ _ _ _ EASEMENT LINE THIS EXHIBIT RIGHT OF WAY AND EASEMENTS - EASEMENT CENTERLINE P.O.B. OF RECORD AND NOT OF RECORD. ROW EXISTING PROPERTY LINE AC EASEMENT DESCRIPTION: LINE BEARING DISTANCE L1 S 02706'22" E 109.55, L2 N 79'44'15" w 177.20' L3 S 79'09'31" W 250.4T L4 S 72'23'16" W 297.93' L5 1 N 83'59'34" W 267.27' L6 N 84'26'43" W 271.82' L7 N 78'46'27" W 112.25' L8 5_51'55'49" W 71.17' L9 S 62'41'49" W 249.51' L10 S 67'50'17" W 262.79' L11 S 81'33'15" W 197,02' L12 N 89'18'19" W 242.90' L13 N 45'07'03" W 63.05' L14 N 11'I654" W 71.78' L15 S 87'07'41" W 81.24' RECORDED DIMENSION POINT OF BEGINNING RIGHT OF WAY ACRES Centerline of 20 feet wide permanent Sanitary Sewer Easement across the Lot 1 of Table Mound Acres, Lot 2 of the North 1/2 of the NE 1/4, Lot 43 and Lot 44 of Kerrigan Road Heights all in Section 12, T,88N, R.2E. of the 5th P.M. in Dubuque County, Iowa, the Centerline of said easement 's described as follows: Commencing at the NE corner of said Section 12 also being the NE corner os Lot 1 of Table Mound Acres; thence S 02'06'22' E (assumed bearing), 109,55' along the East line of said Lot i to the point of beginning of the centerline; thence N 79'44'15' W, 177.20'; thence S 79'09'31' W, 250.47'; thence S 72'23'16' W, 297.93'; thence N 83'59'34' W, 267.27', thence N 84'26'43' W, 271.82'; thence N 78'46'27' W, 112.25'; thence S 51'55'49' W, 71.17'; thence S 62'41'49' W, 249,51,; thence S 67'50'17' W, 262,79'; thence S 81'33'15' W, 197,02'; thence N 89'18'19' W, 242,90'; thence N 67.01'34" W, 362,61'; thence N 45'07'03' W, 63,05'; thence N 11'16'54' W, 71,78'; thence S 87'07'41' W, 81,24' to the West line of said Lot 44 being the East right of way line of Cascade Drive. I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS WEBER SURVEYING, LLC 01%LAND1#1/Z"//ii PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR 26789 46TH AVE gyp` �q� UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY BERNARD, IA 52032 �Q•.•..'•. •'�G �% LICENS LAN SURVEYQR UNDE THE LAWS,OF THE STATE OF IOWA. 25� • ;'�! , PH; (563) 879-4173 �a :� FAX, (563) 879-4199 3 c,. MICHAEL J. . a E ,� �' I„r' 1". ,.�,4..p r , _. ••- 1 '7 ,- � I 1 WEBER eAc MICHAEL J. WEBER (DATE) DRAWN BY: MJW 15084 m LICENSE NUMBER 1�084 SURVEY DATE: 4/19/22 �•'.,0� MY LICENSE RENEWAL DATE IS DECEMBER 31, 2023 DWG. 21040-SS-EASEMENT I� H1101t11A��a�\\\'\\\`\ SHEETS COVERED BY THIS SEAL SHEET 1 ❑ r 1 Prepared by: Nate Kieffer. City of Dubuque, 50 W. 13`" Street, Dubuque, IA 52001 (563) 589-4270 Return to: Nate Kieffer, City pf Dubuque. 50 W. 13'" Street. Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 286-22 ACCEPTING GRANT OF EASEMENT FOR SANITARY SEWER UTILITY ACROSS PARTS OF LOT 1 OF TABLE MOUND ACRES, DUBUQUE COUNTY, IOWA Whereas, TABLE MOUND EXPANSION, LLC, has executed a Grant of Easement for Sanitary Sewer Utility across Part of Lot 1 of Table Mound Acres, 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, across the property as listed above, in the City of Dubuque, Iowa from the property owner listed above, 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. 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 Sanitary Sewer Utility in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved, and adopted this 6th day of September 2022. 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. 286-22 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 7t' day of September, 2022. a-4a'7z'� //r AZI ,%" Adrienne N. Breitfelder, City Clerk Doc ID: 010269550037 Type: GEN Kind: AGREEMENT Recorded: 04/17/2019 at 01:54:51 PM Fee Amt: $187.00 Page 1 of 37 Dubuque County Iowa John Murphy Recorder File2019-00003730 RECORDER'S COVER SHEET FOR MEMORANDUM OF UNDERSTANDING AND RESOLUTION IADU TABLE MOUND MHP, LLC (RV Horizons, Inc.) Preparer Information: Maureen Quann 300 Main St., Ste. 330 Dubuque IA 52001-6944 a("3 n q 11. Taxpayer Information: N/A Return Document To: Kevin S. Firnstahl, City Clerk 50 W. 13th Street Dubuque, IA 52001 Legal Description: N/A Grantors: Grantees: City of Dubuque RV Horizons, Inc. 50 W. 13th Street 9442 Noonan St. Dubuque, IA 52001 Dubuque, IA 52003 Previously Recorded Document(s): N/A C'e-r-v- MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND IADU TABLE MOUND MHP, LLC This Memorandum of Understanding (MOU) is made between the City of Dubuque, Iowa (City), and IADU Table Mound MHP, LLC (Table Mound) as follows: WHEREAS, Table Mound is the owner of a private water distribution system that serves three areas outside the City: Table Mound 1 Mobile Home Park, the Kerrigan Heights subdivision, and seven commercial businesses located on Rockdale Road; and WHEREAS, Table Mound is the owner of a private sanitary sewer collection system that serves two areas outside the City: Table Mound 1 Mobile Home Park and the Kerrigan Heights subdivision; and WHEREAS, the City owns, operates, and maintains the City water distribution system that serves over 23,000 customers located both in and outside the corporate limits of the City; and WHEREAS, the City owns, operates, and maintains the public sanitary sewer collection system which serves over 23,000 customers located both in and outside the corporate limits of the City; and WHEREAS, Table Mound wishes to make necessary repairs and improvements to its water distribution system and sanitary sewer collection system (Table Mound System) to make the systems compliant with Iowa Department of Natural Resources (IDNR) requirements and City standards; and WHEREAS, after completion of improvements to the Table Mound System, when its water and sanitary sewer components are deemed compliant with both IDNR requirements and City standards, Table Mound wishes to dedicate portions of the Table Mound System to the City for operation as part of the City's water distribution and sanitary sewer collection systems; and WHEREAS, after improvements have been made and the Table Mound System is deemed compliant with IDNR requirements and City standards, the Table Mound System will be connected to the City's water distribution and sanitary sewer collection system. Customers served by the existing Table Mound System will be served by the City's water distribution and sanitary sewer collection systems after connection; and WHEREAS, the City desires to accept portions of the Table Mound System after the system meets IDNR requirements and City standards and will serve customers located within the Table Mound System. 06152018MAQ THEREFORE, in consideration of the promises, covenants, and agreements of the parties in this MOU, the parties agree as follows: SECTION 1. PURPOSES AND OJECTIVES. The purpose and objectives of this MOU are to establish and outline Table Mound's desire to improve and dedicate to the City the Table Mound System and the City's desire to accept portions of the Table Mound System after improvements render it compliant with IDNR requirements and City standards. SECTION 2. COMPLIANCE WITH LAWS AND REGULATIONS. Table Mound and the City will comply with all applicable local, state, and federal regulations, including but not limited to the City of Dubuque Code of Ordinances, Iowa Code, rules and regulations imposed by the Iowa Department of Natural Resources (IDNR), SUDAS standards, Iowa Department of Transportation regulations, and the Consent Decree during the performance of each parties' respective obligations under this MOU and in any agreements arising out of this MOU. SECTION 3. SYSTEM ENGINEERING, DESIGN, CONSTRUCTION, AND INSTALLATION. 3.1 Table Mound will engage and enter into a contract with a professionally licensed engineering and design firm to design all improvements, repairs or construction necessary to bring the Table Mound system into compliance with IDNR rules and City standards. Table Mound will engage any licensed plumbers and contractors necessary to complete all improvements, repairs, construction, installation and connection necessary to bring the Table Mound System into compliance with IDNR rules and City standards. Detailed reproducible plans must be certified by a professional engineer licensed in the state of Iowa. 3.2 City will consult with Table Mound and any engineering firms and contractors Table Mound engages for the construction, improvement, and installation of the Table Mound System to ensure compliance with IDNR regulations and City standards. City's role will be limited strictly to consultation. All contractors, plumbers, engineers, and other professionals will work for, contract with, and be paid by Table Mound. 3.3 City will approve final design necessary for the improvement, repairs, construction, and installation of the Table Mound System and any modifications that may be made to that design during its implementation. 3.4 Table Mound will obtain any permits and easements necessary for the improvements, repairs, construction, and installation of the Table Mound System. 3.5 Table Mound will engage any licensed plumbers and contractors necessary to complete all improvements, repairs, construction, installation, and connection necessary to bring the Table Mound System into compliance with IDNR rules and City standards. 2 3.6 Table Mound and/or its contractors will comply with all applicable City insurance schedules during the performance of its duties under this MOU and any agreements arising out of it. 3.7 Table Mound is financially responsible for the costs associated with the repair, construction, improvement, and installation of the Table Mound System until certain portions are dedicated to and accepted by the City as provided elsewhere in this MOU. SECTION 4. IDNR COMPLIANCE AND TIME EXTENSION. City understands that Table Mound must comply with IDNR rules and regulations for the Table Mound System within a certain time frame given by IDNR. City will assist Table Mound in efforts it makes to obtain an extension from IDNR of such time frame, if necessary. These efforts may include but would not be limited to presentation of a copy the executed MOU to the IDNR and communication with the IDNR regarding the City's intent to accept portions of the Table Mound System upon completion of all repairs, improvements, construction, and installation of the system to bring it into compliance with IDNR rules and City standards, and connection of that same Table Mound System, including its sanitary sewer collection system component, to the City's water distribution system and sanitary sewer collection systems. SECTION 5. OWNERSHIP OF THE TABLE MOUND SYSTEM. 5.1 Table Mound will maintain ownership of the Table Mound System until acceptance of the Table Mound System by the City Council. Once all repairs, improvements, construction, installation, and connections are complete, including all final inspections, Table Mound will dedicate portions of the Table Mound System to the City, and the City Council will accept such portions. 5.2 The three areas served by the Table Mound System: Table Mound Mobile Home Park 1 (Mobile Home Park), Kerrigan Heights subdivision (Kerrigan Heights), and the seven businesses on Rockdale Road (Rockdale Road) are shown in Exhibit A. Table Mound will retain ownership of the portion of the Table Mound System that runs through the private property of the Mobile Home Park as shown in Exhibit B. The portion of the Table Mound System running through and within the Mobile Home Park will not be dedicated to or accepted by the City but will remain a private water distribution system and private sanitary sewer collection system through the Mobile Home Park and will be owned, operated, and maintained by Table Mound. The portions of the Table Mound Water System serving and running through and within Kerrigan Heights will be dedicated to and accepted by the City at the conclusion of the repairs, improvements, construction, installation and connection and will be owned, operated, and maintained by the City thereafter. Rockdale Road water system will be disconnected from the Kerrigan Heights water system and capped (abandoned per IDOT standards) under the highway right of way. SECTION 6. PRE -ANNEXATION OF THE LAND COMPRISING THE TABLE MOUND 3 MOBILE HOME PARK. As property owners of the land comprising the Table Mound Mobile Home Park shown on Exhibit B, Table Mound will sign pre -annexation documents committing the land comprising the Table Mound Mobile Home Park to future annexation to the City at some unknown future date, as determined by the City. SECTION 7. WATER DISTRIBUTION WITHIN IN THE TABLE MOUND SYSTEM. 7.1 The water distribution portion of the Table Mound System will be addressed separately in three component parts: Mobile Home Park, Kerrigan Heights, and Rockdale Road. Mobile Home Park Phase One Upon execution .of this MOU, the City will provide water to Table Mound as follows: A. Table Mound will install a master meter pit and City water meter at the property line between Mobile Home Park and Kerrigan Heights along Cascade Drive. B. Table Mound will be the City's water customer and will be billed for the actual amount of water consumed as determined by the master meter pit. C. If Table Mound wishes to further meter and bill the individual water customers within the Mobile Home Park, such metering and billing will be a private matter between Table Mound and the individual water users in the Mobile Home Park. The City's only customer in this Phase One will be Table Mound. D. Table Mound will own, maintain, repair and replace all infrastructure within the Mobile Home Park. This water distribution portion of the Table Mound System will not be dedicated to or accepted by the City. E. There will be no water connection fee for connection of the Mobile Home Park to the City's water distribution system because the Mobile Home Park is served with water via Kerrigan Heights. Mobile Home Park Phase Two At some future, presently unknown date, if Table Mound requests that the City bill individual water users within the Mobile Home Park, instead of billing only Table Mound as described in Phase One, such individualized billing and water provision will occur as follows: A. Table Mound will install City water meters inside each individual mobile home in the Mobile Home Park at Table Mound's expense. City will provide one City water meter per service line to Table Mound at no expense (one per service line, 1" diameter and under). The water meters must be installed in a manner that El protects the water meters from freezing. Table Mound will be responsible for replacement or maintenance of frozen water meters. If not already in place for each water service line, Table Mound will install a control valve (stop box) for each individual water meter installation in the Mobile Home Park. It will not be considered a violation of this MOU if Table Mound is unable to install a City water meter in a privately -owned home due to the homeowner's refusal to permit access or such work to be performed. B. City will install a water meter interface unit (MIU) and wiring at each mobile home located within the Mobile Home Park at Table Mound's expense. C. Table Mound will install, own, operate, and maintain, including repair and/or replacement of, pressure reducing valves (PVRs) or devices to meet the design parameters of the Table Mound infrastructure. D. Table Mound will maintain the master meter pit and the City water meter from Phase One at the property line between Mobile Home Park and Kerrigan Heights. E. Table Mound will own, maintain, repair and replace all infrastructure within the Mobile Home Park. This water distribution portion of the Table Mound System will not be dedicated to or accepted by the City. F. City will bill each mobile home in the Mobile Home Park individually and also monitor actual water usage on the master meter pit. For any discrepancies that exist between total water usage on the master meter pit and cumulative individual mobile home bills, Table Mound will pay the amount shown on the master meter pit bill in instances when the master meter pit bill is greater than the cumulative individual mobile home bills (master meter pit bill versus cumulative bill for individual mobile homes). G. When a tenant does not register for water service with the City but receives City water through the distribution system, the water account will be under Table Mound, and Table Mound will be responsible for any water usage until the tenant establishes service with the City. This provision applies to existing tenants at the time of connection to the City's water distribution system and any new tenants that enter the Mobile Home Park after connection to the City's water distribution system. H. Table Mound will provide City with customer registration information for all customers within the Mobile Home Park and update that list with the City as tenancy changes within the Mobile Home Park. I. After thirty days, any unpaid balance held by a tenant in the Mobile Home Park will transfer into Table Mound's name, and Table Mound will be financially responsible for that account until it is current again. 5 J. When tenants leave the Mobile Home Park, any unpaid balance of a departed tenant will transfer into Table Mound's name and Table Mound will be financially responsible for that account if it remains past due thirty days after the tenant moves out of the Mobile Home Park. K. For all tenants within the Mobile Home Park who have past due balances in their names at other prior addresses within the City, they will be unable to obtain new service in their own names until the prior past due balances are paid. Until those prior past due balances are paid, the water accounts will be in Table Mound's name. L. The City will own the pipes and mains up to the master meter pit at the Mobile Home Park. All pipes, mains, and infrastructure within the Mobile Home Park will continue to be a private water distribution system owned and maintained by Table Mound. M. City will send informational materials to all tenants of the Mobile Home Park and hold an informational meeting for tenants of the Mobile Home Park before the connection to the City water and sewer distribution systems occur. N. Table Mound will identify, verify, or install all necessary curb boxes to mobile homes within the Mobile Home Park portion of the Table Mound System. Table Mound may hire licensed professionals to perform such work if it chooses, but the work will be performed at Table Mound's expense. O. Table Mound will verify that all valves located in the Mobile Home Park portion of the Table Mound System are operable and accessible. P. Table Mound will verify that all fire hydrants located in the Mobile Home Park portion of the Table Mound System are accessible and operable. Kerrigan Heights A. Table Mound or a licensed plumber hired by Table Mound will install a City meter and pressure reducing valve at each home located within Kerrigan Heights. At Table Mound's expense, City will install a meter interface unit (MIU) and wiring at each home located within Kerrigan Heights. It will not be considered a violation of this MOU if Table Mound is unable to install a City water meter on a privately - owned home due to the homeowner's refusal to permit access or such work to be performed. B. City will install a meter interface unit (MIU) and wiring at each home located within Kerrigan Heights at Table Mound's expense. C. Table Mound will provide the City customer names and customer contact information for all account holders located within Kerrigan Heights. D. Table Mound will communicate with customers regarding conversion and procedures to establish City Utility Billing accounts. E. After connection to the City's water distribution system, Table Mound will dedicate the Kerrigan Heights water distribution portion of the Table Mound System to the City. City will begin billing customers upon connection to the City's water distribution system. F. Prior to dedication to and acceptance by the City, Table Mound will identify, verify, or install all necessary curb boxes to homes within the Kerrigan Heights portion of the Table Mound System. Table Mound may hire licensed professionals to perform such work if it chooses, but the work will be performed at Table Mound's expense. G. Table Mound will transfer and assign to the City all easements necessary to own, operate, and maintain any of the Kerrigan Heights portion of the Table Mound System that will be public after dedication to and acceptance by the City. H. Prior to dedication to and acceptance by the City, Table Mound will verify that all valves located in the Kerrigan Heights portion of the Table Mound System are operable and accessible. I. Prior to dedication to and acceptance by the City, Table Mound will verify that all fire hydrants located in the Kerrigan Heights portion of the Table Mound System are accessible and operable. J. Table Mound will connect and convert to the City's water distribution system. After connection, the City's water distribution system will supply residents within Kerrigan Heights, and the City Council will accept dedication of the Kerrigan Heights water distribution portion of the Table Mound System. K. Prior to connection to the City's water distribution system, all wells within the Table Mound System must be disconnected. All wells within the Table Mound System must be property abandoned prior to City Council acceptance. Once City Council acceptance occurs, the City will own and be responsible for all water distribution maintenance of the now public mains within Kerrigan Heights. L. Connection to the City's water distribution system must be in accordance with drawings and "as built" designs of the City Water Distribution System to Table Mound provided by the City on 2/28/2017 and attached as Exhibit C of this MOU. M. Table Mound will pay a water connection fee of $15,808.80 to the City upon connection of Kerrigan Heights to the City's water distribution system. 7 N. City will accept the public mains running through Kerrigan Heights. Individual homeowners in Kerrigan Heights will own and be responsible for lateral service lines from the public mains to meters and homes. O. City will send informational materials to all Kerrigan Heights residents and hold an informational meeting for Kerrigan Heights residents before the connection to the City water and sewer distribution systems occur. Rockdale Road A. Table Mound must cap and abandon the private six-inch water main serving the seven (7) properties along Rockdale Road. B. Table Mound must perform all Rockdale Road work before Kerrigan Heights work begins. C. Table Mound must provide to the City Rockdale Road customer names and contact information. D. Table Mound will communicate with Rockdale Road customers regarding conversion and procedures to establish City utility accounts. E. Table Mound will transfer and assign to City all easements necessary to own, operate, and maintain any of the Rockdale Road portion of the Table Mound System that will be public after dedication to and acceptance by the City. F. Table Mound must verify that all service valves are operable and accessible within the Rockdale Road portion of the Table Mound System. G. Table Mound must abandon, cap, and mark the existing water main under the public highway 151/61 and the Rockdale Road right-of-way in accordance with any applicable laws and standards under state, federal and local laws, including but not limited to any Iowa Department of Transportation (DOT) standards. H. City will send informational materials to all Rockdale Road customers and hold an informational meeting for Rockdale Road customers before the connection to the City water distribution systems occur. I. The City will offer water service from the City's water distribution system located on Rockdale Road to the seven (7) Rockdale Road customers at the customer's expense. Because these Rockdale Road customers are not located within City limits, these customers may pursue well water as long as any wells comply with all county, state, IDNR and other applicable requirements. Future water service for the seven (7) Rockdale Road customers must be determined before work begins to ensure the customers are not left without water supply and to coordinate work so that water connections are made in the most cost-efficient 1.1 manner. SECTION 8. SANITARY SEWER COLLECTION IN THE TABLE MOUND SYSTEM. 8.1 The sanitary sewer collection portion of the Table Mound System consists of and will be addressed separately in two component parts: Mobile Home Park and Kerrigan Heights. 8.2 Table Mound must televise and clean both components of the sanitary sewer collection portion of the Table Mound System, the Mobile Home Park and Kerrigan Heights, to identify repairs, modifications, and replacement needed to meet City standards and IDNR requirements. All repairs, modifications, and replacements will be completed at Table Mound's expense. 8.3 At Table Mound's expense, the City will construct a new public sanitary sewer from the Granger Creek Interceptor sanitary sewer to the existing sanitary sewer serving Kerrigan Heights. 8.4 Table Mound will connect the Mobile Home Park collection system to the new public sanitary sewer system at a single discharge point near the existing treatment facility. 8.5 After dedication to and acceptance by the City, the City will own, operate, and maintain the sanitary sewer collection system within Kerrigan Heights and the new public sanitary sewer main extended from the Granger Creek Interceptor sewer. 8.6 The sewer connection fees for the Mobile Home Park and Kerrigan Heights total $24,207.21. The City will waive these sewer connection fees in acknowledgment of the IDNR directive to update and repair the existing sewage treatment system. Mobile Home Park A. Table Mound will own, maintain, repair, and replace all sanitary sewer collection system components within the Mobile Home Park. The portion of the sanitary sewer collection system located on the private property of the Mobile Home Park will not be dedicated to or accepted by the City. B. All sanitary sewer collection system components within the Mobile Home Park must be improved to eliminate exfiltration and infiltration concerns. The sanitary sewer collection system within the Mobile Home Park must be sealed and repaired before the Mobile Home Park collection system can be connected to the new public sanitary sewer extension. Table Mound must install a flow meter on the sanitary sewer system. C. Table Mound must install a new public sanitary sewer main from the Granger Creek Interceptor, running along the southside of the property, to connect 9 to Kerrigan Heights. The public main must be a minimum of 8 inches in diameter and be designed and constructed to meet all city, state, and federal specifications and requirements. D. The City must approve all design plans and materials prior to work beginning. Kerrigan Heights A. Table Mound must inspect, repair the sanitary sewer collection system within the Kerrigan Heights area to ensure compliance with IDNR requirements and City standards. All sanitary sewer upstream of Extension 2 (shown on Exhibit D) must be 8-inch diameter and rehabilitated/repaired to City standards before dedication to and acceptance by the City. B. The City must approve all design plans and materials prior to work beginning. 8.7 Table Mound will perform the sanitary sewer collection system work, repairs, construction and improvements as set forth in this MOU and the work plans and specifications prepared by J.C. Dillon, Inc. and reviewed and signed by the City and J.C. Dillon, Inc. These plans and specifications are referred to as the J.C. Dillon Plans. SECTION 9. REASONABLE EFFORTS. Table Mound acknowledges and agrees that unless and until the Table Mound System, or any of its component parts, have been constructed, installed, dedicated to, and accepted by the City, the City's obligations under this MOU are to use reasonable efforts to assist Table Mound with facilitating the construction, installation, repairs, and improvement of the Table Mound System. SECTION 10. AMENDMENTS. This MOU may not be amended or modified without the consent of the City and Table Mound. Such consent must be evidenced by a written instrument executed by both parties. SECTION 11. ASSIGNMENTS. This MOU may not be assigned without the written consent of the non -assigning party. SECTION 12. CAPTIONS. The captions in this MOU are included for convenience of reference and do not define, delimit, or otherwise effect the construction or effect of the provisions contained herein. SECTION 13. FORCE MAJEURE. If either party is delayed, hindered, or prevented from the performance of any obligation required under this MOU by reason of strikes, lock- outs, labor troubles, inability to procure materials, failure of power, riots, civil disturbances, picketing demonstrations, war, other similar reasons, or an act of God not the fault of the delayed party, then performance of such act will be extended for a period equivalent to the period of such delay. 10 SECTION 14. SEVERABILITY. If any provision of this MOU is held invalid, such invalidity will not affect any other provision of this MOU that can be given effect without the invalid provision. The provisions contained in this MOU are severable. SECTION 15. BINDING EFFECT. This MOU binds and inures to the benefit of the City and Table Mound and their respective heirs, successors, and permitted assigns. SECTION 16. NOTICES. Notices or consents of any kind under this MOU must be in writing and will be deemed received if delivered in person or if mailed by certified mail to the appropriate party as follows: If to the City: Michael C. Van Milligen City Manager 50 West 13t" Street Dubuque, Iowa 52001 If to Table Mound: David Reynolds Attn: Legal Dept. P.O. Box 457 Cedaredge, CO 81413 SECTION 17. APPLICABLE LAW. This MOU is governed by the laws of the state of Iowa. SECTION 18. COUNTERPARTS. This MOU may be executed in any number of counterparts. All counterparts taken together will constitute one and the same MOU. SECTION 19. EFFECTIVE DATE AND SIGNATURE. 19.1 Execution of this MOU formally evidences that the parties have reviewed and accept this MOU. 19.2 This MOU is approved and is effective upon the date of the last signature below. [signature page follows] 11 TABLE MOUND By: Its General Manager, RV Horizons, Inc. CITY OF DUBUQUE, IOWA By: By: David H. Refholds, Roy President, RV Horizons, Inc. Notary page follows: Attest: By:. P Kevin S/1rnstal 1, City Clerk 12 '1,Ae of Iowa -10 Ss: h.%A14"t01V'*4jP_U q U e On this )9 da I =7111 n S. Firnstahl known to me to regoing instrument, and acknowledged that they executed Notary Public in the My Commission expires: State of A Q o'a )Ss- Cunty of t "'�& ................... ) I On this day of "'i 2011-, before me, a Notary public in and I for said state, personally appeared David H. Reynolds known to me to be the person(s) named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. AMY GERiBURGET NUTIARY PUBLIC - STAT� 011 COLORADO My Ideplification # 2011540".8723 Expires May 12,20'19' W""�WNAV rreffl- • My Commission expires: f Notary page for IADU Table Mount NIHP, LLC Memorandum of Agreement with the City of Dubuque, Iowa, State of Iowa ) ) ss: County of Dubuque ) On this — )91"V day of Mc, rr.h , 2014--), before me, a Notary public in and for said state, personally appeared Roy D. Buol, and Kevin S. Firnstahl known to me to be the person(s) named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. `r ISH L. GLEASON i;ommissien Number719996 , `V Commission Expires Notary Public in the State of Iowa My Commission expires: /07 /3• State of County On this ss: of , 20 , before me, a Notary public for said state, personally peared David H. Reynolds known to me to be t .erson(s) named in and who executed t foregoing instrument and acknow ed that the g g A 9 Y executed the same as their voluntar�ct and deed. Notary N lic in the State of Iowa My Commission �ires: page for IADU Table Mount MHP, LLC Memorandum of Agreement with the City of Dubuque, EXHIBIT A TABLE MOUND SYSTEM 13 EXHIBIT B MOBILE HOME PARK 15 EXHIBIT C DRAWINGS AND "AS BUILT" DESIGNS OF CITY WATER DISTRIBUTION SYSTEM 17 • 8 v—`+MIY�_yll1 LVA1 - 7P17�4 d r ANSI' FfJ IVdI y E ry'^ _ n�❑w' — —. VEtoP / u .watt uEt-----�,.,,+e;,.� di, '� .•FCt�)ftif4' p rIp TTtJ gq 1 ,�y p a alga: , !i =;•• s( �� . �t& 1, _,�, {� ,1�.�, 1`'. 'a. .>..."'"`w+f it j. )) ,1 0-1 w � 00 T— t T a 11.E 4z t KI 0 fs too e r t^y` 1G Val, ti t +s f t t r Rba£ rj; or lot ".2 too awAn ILI lt� i 19 C lu W, V., "4 4 Ito,5 NN tr ETA qiO.64n,()' jo 8 5 Su)lvi�t Tie G'qv uu Co Oo IX Rpt U&S CIV z Wq+i its is 46" Wo4 4TSD 64w"l 0 044,m&". i�40 Valve T' S t r W—v4 514-o4 S-r- 1"Wi CICPCI,�,l 44 stept I.' tee,c n 44- 4o IfW En qm,ors, A, S t j M,L , 4 rs P (", 20 EXHIBIT D SANITARY SEWER 21 N N C a L O pa \\ S �o! w I 2 \ . I gn l� �wO """" VO4 •, ` le, Opal N W EXHIBIT E J.C. DILLON PLANS 24 Plumbing. Heating. Utilfties. Trenchless Technologies. flydro, excavation RVIforizons Date; 04/19/2018 9442N6onanSt. Dubuque, LA, 5.2003 Atterk(jou, Robert Thornas Est,#, 02359-18 E-mail- r1honue;&vnionagemeaconi PtujcctNWae: Table Mound I -&IobileFlame Prank &Kcrringtonheight SubclivisionSanitary Seaver Imp DesefirAjon Quan Unit Unit Price Ext price Sariblary SeiverRepah-sAlobite Home Park 01 WifflZathin L000 IS 02 TraMe Cantral 1.000 LS 03 UV, 3 WM 7101112.000 Ur 04 Raulave.&Regaw 1r-xtNhmlwFeWamc&1Jdw1 COD 27.00D FA 05 Romove & Reiilace Mindide W21 LOW FA 06 -1.00 --97- 07 Aocess Makithate, kinder trafteVRAse to graile 08M) 1.000 EA 08 Point RqAr-Pt pe W579 1.000 RA 09 Met 1lepalr-11 Pe 0%13 1.000 RA Renooe & RqA are Manhole under hailer 09.185 1.000 EA 12 13 Ucate & RAe United Withole 09317 1.000 1.000 NA EA- 14 IS fuse Harled MMImle W14 --Remove sturcturt',111stall New Manhole 014311 1.000 1.0001 EA FA t6 PaftdWpdr-,PlT0M97 1.0001EA 17 Raise Baited Mviliate ORW 1000 I EA is I'dot Repair PIIA-,08613 1.000 FA 19 Polor Reliatr Mpe()=4 -L000 FA :9 Whab Nbithole 04283 11000 EA 21 Remd'oe & Relface Mardide 01006 1.000 HA 22 LOGO FA 11 Remove & Replace Beach 6 Trough 14MML08319 1.000 EA Sanitary 8ewer Repaii-Mobile Home Park Total Sanitary Sewer Repairs-Kerringfork Sub 24, UV, GRP-8"X3 min 1,18'1,000 I u_ 25 A0j Son Sew n1W Omitar CW, New 11tame a 0011 Ud EA Sanitary Sewer Ile palr3-KL rrujgjun Sub Total Sanitary Sewer Extension 26 CEattt tabtitcalsE VlaraitWe 1.11 RA 27 Manhole Type, FC7,4810.-11(20 FA 1000,000 LF 1515 W Luthy Drive . PO Box 3590 . Peoria, IL. 61612 . Main 309-6819-1596 , Fax 309-689-1596 Vidt ourwebsite @,, w-wivJedillonhic.cank, 25 29 PNIC 147,000 LF 39 FlIftr Socks 500,000 LF 31 Clegrito & CrOU'Ag T000 us 32 &0 (1 q.,vortand rAddi I*-Yar(l 2,000 AC 33 'n'tach Baddit-I , I Clem Stone 3,167M0 LF 34 F1 ff ext A pe nin 09571 Nd tb CLSM 160.000 LF 35 Felt Depth PitcIm-11MA 418.1100 St' Sanitary So %ver ExWuxion'fotal Water Main Tim provements 36 histall Master Water Meter Vaidt 1.000 KAF- 37 6"&4"Water WWri'lle-Ine Ddlevue, Er. U00 E 38 We trydratitkisemlly 1000 219 FA 39 — Chi & Cap Well 1.000 E"t Water -Malin haprovVine"48,1704al Grand Total: J.C. Dill2n, I Lic. will 12rovide: Labor, Equipment, and Mtitcrials • (I)IMabilization • New Manhole Frame &Lids fear all structures Owner will Prg-vide.- • Permits or Permit Fees • Constructian Staking, Inspection, and En&ceriM • Materials Testing • access to the site • Erosion Control other than Wet Fitters Notes. 0 None General Ltwms and Conditions: • IC Diflom Inc. standardPay Terms are (30) thirtydays, unless agreed upon inwriting prior to the, start of the project • All past (Inc accounts will be charged a rate of 2% per month • Reasonable attorney fees for unpaid accounts will be the resporisibly o r the Owner. Permit, Conmection, or any other fe-es are not included, unless they are listed above • inspection and Materials Testing Fees are the responsibility of the Owner • Local &, State Sales Tax is the responsibility of the Owner untms stated abovc • Performance and Payment flotul Fees are not included IC. Dilloniric. will not tie held responsible for private utilities utt-marked prior to the start of the project. All repair to those utilities will be at the, Owner responsibility. 4 J.0 Dillon, Inc- guaranteas its worksut?ject to the exception stated or implied herein, for a period of (I one year from the completion of the work. 'I'he owner will allow access to J.C. Dillon, Inc, to make the necesswy repairs, RVI • J C Dillcry Inc will not accept any back -charges from thp. Owner; unless J.C. Dillon Inc. has been given. proper written notice of the Owner intent to back` -charge, and J.C. Dillon, Inc. is given (72) seventy-two hoursto accept responsibility for the cause of the notice and commence corrective action to remedy, same. s J.C. Dillon, Inc does not assume any l 'abihtyfor.or indemnify the Owner or Owner Representative from damages,losses, personal injuries or death attributed to their passive; active or partial negligence. J.C. Di11on,.Inc. <norm al working hours.are 7:00 air thru 3;30 pm Monday thru Friday, except Holidays. Visa, MasterCard, American Express, and Discover is accepted This estimate is based upon acceptance within (45) forty-five days ofthe date of same. The estimate is an offer to enter into an agreement for the work described hereinbefore, and is deemed an enforceable contract upon acceptance. The Owner accepts this estimate either by signature, oral assent, scheduling or commencing the work.described in this estimate: Any of these modes:of acceptance shall be de erred to incorporate all of the terms of this estimate into the contract between the Owner and J.C. Dillon; Inc. 1f you have any questions, feel free to contact us @, 369-689-1596, and thank you forthe opportunity to submit an estimate onyour project. Owner: Print. Signature: Date X.C. Dillon« inc . ,2018 Print Signature Date 27 RESOLUTION NO. 106-19 RESOLUTION AMENDING RESOLUTION . NO. 261-18 APPROVING . A MEMORANDUM OF UNDERSTANDING BETWEEN THE .CITY OF DUBUQUE AND IADU TABLE MOUND MHP, . LLC FOR REPAIRS AND IMPROVEMENTS TO ITS WATER DISTRIBUTION AND SANITARY SEWER COLLECTION SYSTEM WHEREAS, IADU Table Mound MHP, LLC owns a private water distribution system that serves three areas outside the City of Dubuque: Table Mound 1 Mobile Home Park, the Kerrigan Heights subdivision, and seven commercial businesses located on Rockdale Road; and WHEREAS, IADU Table Mound MHP; LLC owns a private sanitary sewer collection system that serves two areas outside the City of Dubuque: Table Mound 1 Mobile Home Park and the Kerrigan Heights subdivision; and WHEREAS, the City of Dubuque owns, operates, and maintains the City of Dubuque water distribution system that serves over 23,000 customers located both in and outside the corporate limits of the City; arid. WHEREAS, the City of Dubuque owns, operates, and maintains the public sanitary sewer collection system which serves over 23,000 customers located both in and outside the corporate limits of the City, and WHEREAS, IADU Table Mound MHP, LLC wished to make necessary repairs and improvements to its water, distribution system and sanitary sewer collection system to make the systems compliant with Iowa Department of Natural Resources requirements and City of Dubuque standards; and WHEREAS, after completion of improvements to the Table Mound water distribution and sanitary sewer collection system, when its water and sanitary sewer Icomponents are deemed compliant with both Iowa Department of Natural Resources requirements and City of Dubuque standards, IADU Table Mound MHP, LLC wishes to dedicate portions of the water distribution and sanitary sewer collection system to the City of Dubuque for operation as part of the �: itr of D�ubaque's water distribution and sanitary sewer Collection systems; and WHEREAS, after improvements have been made and the IADU Table Mound MHP, LLC's water distribution and sanitary sewer collection system is deemed compliant with Iowa Department of Natural Resources requirements and City of Dubuque standards, the IADU Table Mound MHP, LLC's water distribution and sanitary sewer collection system will be connected to the City of Dubuque's water distribution and sanitary sewer collection system. Customers.served by the existing IADU Table Mound MHP, LLC system will be served by the City of Dubuque's water distribution and sanitary sewer collection systems after connection; and WHEREAS, the City desires to accept portions of the IADU Table Mound MHP, LLC system after the system meets Iowa Department of Natural Resources requirements and City of Dubuque standards and will serve customers located within the system; and WHEREAS, the City of Dubuque and IADU Table Mound MHP, LLC wish to enter into a Memorandum of Understanding for the improvements to, the water distribution and sanitary sewer collection system, for the dedication of portions of that system to the City of Dubuque, and for the transfer of water service from IADU Table Mound MHP, LLC to the City of Dubuque; and WHEREAS, the City Council of the City of Dubuque, Iowa finds that it is in the best interests of the City to approve this Memorandum of Understanding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The seventh WHEREAS clause of Resolution 201-18 is'arn ded to read as follows: WHEREAS, after improvements have been made and the IADU Table Mound MHP, LLC's water distribution and sanitary;sewer collection system ,is deemed compliant with Iowa Department of Natural Resources requirements and City of Dubuque standards, the IADU Table.Mound MHP, LLC's . water distribution and sanitary sewer collection system will be connected to the City of Dubuque's water distribution and sanitary sewer. collection system. Customers served by the existing IADU Table Mound MHP, LLC system will be served by the City of Dubuque's water distribution and sanitary sewer collection systems after connection and upon execution of, pre -annexation documents if customers are located outside the City limits; and Section 2. The Memorandum of Understanding attached is approved on behalf of the City of Dubuque. The Mayor and City Clerk are authorized to execute the Memorandum of Understanding. Section 3. The City Manager, City Attorney, and the City's legal counsel are hereby authorized to take all necessary actions to execute this Memorandum of Understanding. ..Section 4. The City Clerk is hereby authorized and directed. to record this Resolution. and all supporting materials with the Dubuque County Recorder. Passed, approved and adopted this 18th day of March 2019' Roy D. Buol, Mayor Attest: 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. 106-19 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 16th day of April, 2019. ire d b Din€s t l D Cana r ti res i wtr t� .Tile r n; ti211 Rture t: !i€: inrtr, jtyr Jdres i aEtµ s Tone: 8- r1" RESOLUTION NO. 201 1 WHEREASJAQU Table Mound 'MHP, LLC ownsa private water distribution system that serves three areas outside the_City.0 I f Dubuque: Table Mound 1 Mobile Home Park; the Kerrigan Heights ;subdivision, and seven co mercial businesses located on Rockdale Road; and WHEREAS-, IADU Table round' MHP, LLC owns a private as ltary sewer doliec for system that serves two areas outside the City of Dubuque: Table Mound "I Mobile Horne Park and the Kerrigan heights subdivision; and WHEREAS, the City of Dubuque ovens and operates, and maintains the City of Dubuque water distribution system that serves ,over 23,f customers located both in and outside the corporate limits of the Cif and WHEREAS, the City of Dubuque owns, operates, and maintains the public sanitary :sewer collection system, which serves over 23,U custurrters located both n and outside the corporate limits of the City; and WHEREAS, EAS, IADU Table IMound MHP, LLC wishes to make necessary repairs and improvements to its water distribution system and sanitary sewer collection system to make the systems compliant with Iowa Department of Natural Resources requirements and City of Dubuque standards; and WHEREAS, after completion of improvements to the Table Mound water distribution and sanitary sewer collection system,, when Its water and sanitary severer components are deemed compliant with both Iowa Department of Natural Resource requirements and City of Dubuque standards, IADU Table Mound MHP, LLC wishes to dedicate portions of the water distribution and sanitary sewer collection system to the City of Dubuque for operation as part of the City of Dubuque's water distribution and sanitary sewer collection systems; and WHEREAS, after improvements have been made and the IADU Table hound MHP, LLC"s water distribution and sanitary sewer collection system is deemed compliant with Iowa Department of Natural Resources requirements and City of Dubuque standards, the IADU Table bound MHP, LLC`s water distribution and sanitary sewer collection system will pe connected to the City of Dubuque's water distribution and sanitary sewer collection system. Customers served by the existing IADU Table hound MHP; LLC system will be served by the City of Dubuque's water distribution and sanitary sewer collection systems after connection; and WHEREAS, S, the City desires to accept portions of the IADU Table Mound MHP, L L system after the system meets Iowa Department t of Natural Resources requirements and City of Dubuque standards and will serve cu torn rs located within the system, and WHEREAS, the City of Dubuque, and. IADU Table Mound M P,, L.,L.0 wish to enter into a Memorandum of Understanding for the improvements to the water distribution and sanitary sewer collection system, for the dedication of portions of that system to the City of Dubuque, and for the ,transfer of water service from IADU Table Mound .IVHR, LL C to the Cl of D Duque; and WHEREAS, the City Council of the City of Dubuque, lows finds that it is in the hest interests of the City to approve this Memor ndurn of Understanding, tandirigs NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE,. LOW.A AS F LL OWS4 Section 1. The Men orOn-durn of Understanding attached is approved on behalf of the City of Dubuque, The Mayor and City Clerk are authorized to execute the Memo Erfl of Understanding. Section 2. The City manager, City attorneys and the ity's legal counsel are hereby authorized o take ail necessary actions to execute this Memorandum of Understar►ding. Section 3. The City Clerk is hereby authorized and directed to record this Resolution with the Du u ue County Recorder, Attest: Reviry' F r_ stal It 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. 201-18 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 16t" day of April, 2019. �irnstahl, CIVIC, City Clerk Special Achievement in GIS Insert Title 2018 Award Winner Insert Subtitle THE CITY OF DUB E Masterpiece on the Mississippi DISCLAIMER: This information was Compiled (sing the Dubuque Area Geographic Information System DAGIS), which mewdes data created by both the City of Map Prepared by: Dubuque and Dubuque County. It is understood that, while Cityof Dubuque the City of Dubuque and participating agencies utilized the q IPmost current and a«uate information available, DAGIS and 1 inch = 300 feet Engineering Division s suppliers do net warrant the accuracy or currency of the W E 50 West 13th Street Information or data contained herein. The City and participating agencies shall not be held liable for any direct, Indirect, Incidental, Dubuque, Iowa 52001 consequential, punitive, or special damages, whether foreseeable or unforeseeable, arlsing out of the authorized or unauthorized use of 10050 0 100 200 300 400 Feet Phone: (563) 589-4270 this data or the Inability to use this data or out of any breach of warranty whatsoever. Fax: (563) 589-4205