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Stoneman Road Right of Way Platting and Dedication - Hills and Dales Child Development Center property in Dubuque, Iowa as part of the Stoneman Road Reconstruction Project Copyrighted February 6, 2023 City of Dubuque Consent Items # 020. City Council Meeting ITEM TITLE: Stoneman Road Right of Way Platting and Dedication - Hills and Dales Child Development Center property in Dubuque, lowa as part of the Stoneman Road Reconstruction Project SUM MARY: City Manager recommending City Council adopt a resolution approving the Acquisition Plat of Lot 2-2-1-2-1-2-2-2-2-2-A of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, lowa, and acceptance of the dedication of said lot from Hills and Dales Child Development Center for street Right of Way and public utility purposes. RESOLUTION Approving the Acquisition Plat of Lot 2-2-1-2-1-2-2-2-2- 2-A of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, lowa SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type MVM Memo City Manager Memo Staff Memo Staff Memo Resolution Resolutions Plat Supporting Documentation Agreement Supporting Documentation Dubuque THE CITY QF � All-Meriea Ciry DLT B E ; . � . � �� MaSt� Z�C� aYd t�Q Mt55ZSSZ Z zoa�•zoiz•�ai3 YP pp za��*zai� TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Stoneman Road Right of Way Platting and Dedication - Hills and Dales Child Development Center property in Dubuque, lowa as part of the Stoneman Road Reconstruction Project DATE: February 1, 2023 City Engineer Gus Psihoyos is recommending City Council adopt a resolution approving the Acquisition Plat of Lot 2-2-1-2-1-2-2-2-2-2-A of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5t" P.M., in the City of Dubuque, lowa, and acceptance of the dedication of said lot from Hills and Dales Child Development Center for street Right of Way and public utility purposes. 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 Nate Kieffer, Surveyor Dubuque THE CITY OF � AIFAneriea Cil� Du 8 E ��{��,��„k� . , � ��,, I I Master iece on the Mississi 2 2007*2012•2013 p pp zoi�*zoi9 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer DATE: January 30, 2023 RE: Stoneman Road Right of Way Platting and Dedication - Hills and Dales Child Development Center property in Dubuque, lowa as part of the Stoneman Road Reconstruction Project INTRODUCTION This memo provides information regarding the platting and acceptance of additional right of way for a newly constructed cul-de-sac at the west end of Stoneman Road as part of the Stoneman Road Reconstruction Project. BACKGROUND Per Resolution No. 170-22, the City approved an agreement with Hills and Dales for the construction of a public roadway cul-de-sac on the Hills and Dales property as part of the Stoneman Road Reconstruction Project. The executed agreement between the City and Hills and Dales required the City to design and construct a relocated cul-de-sac. The City will be responsible for all surveying, platting, surveying, and conveyance documents related to the street vacation, street right of way dedication, and associated easements. The City will vacate the former cul-de-sac area for use by Hills and Dales as a parking lot. Hills and Dales will dedicate the land needed for the newly located cul-de-sac. The City will retain, and Hills and Dales will dedicate, certain easements associated with the reconstruction project as shown on the attached agreement document. Hills and Dales will take over ownership and maintenance of the existing water main utility located in the vacated street/cul-de-sac area. DISCUSSION This past fall the Stoneman Road Reconstruction Project was completed including the new cul- de-sac on the Hills and Dales property. The new cul-de-sac right of way needs to be platted. Per the agreement, the platting of the area has been coordinated with the owners of the property and they have signed and consented to the plat. RECOMMENDATION I recommend that the City Council approve the Acquisition Plat of Lot 2-2-1-2-1-2-2-2-2-2-A of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5t" P.M., in the City of Dubuque, lowa, which provides right of way for newly constructed cul-de-sac on Stoneman Road by the adoption of the attached resolution. ACTION TO BE TAKEN I respectfully request approval of the Acquisition Plat of Lot 2-2-1-2-1-2-2-2-2-2-A of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, lowa, and acceptance of the dedication of said lot from Hills and Dales Child Development Center for street Right of Way and public utility purposes, through the adoption of the enclosed resolution. Prepared by Nate Kieffer, PLS cc: Jon Dienst, Civil Engineer II 2 Prepared by: Nate Kieffer City of Dubuque 50 W 13'" Street Dubuque IA 52001 (563) 589 4270 Return to: Nate Kieffer City of Dubuque 50 W 13" Street Dubuque IA 52001 (563) 589 4270 RESOLUTION NO. 25-23 APPROVING THE ACQUISITION PLAT OF LOT 2-2-1-2-1-2-2-2-2-2-A OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28, T89N, R2E OF THE 5T" P.M., IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, an Acquisition Plat dated January 10, 2023 prepared by the City of Dubuque Engineering Department describing Lot 2-2-1-2-1-2-2-2-2-2-A of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5tb P.M., in the City of Dubuque, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto; and Whereas, upon said plat appears Lot 2-2-1-2-1-2-2-2-2-2-A, which Hills and Dales Child Development Center, by said plat has dedicated to the public forever; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated January 10, 2023, prepared by the City of Dubuque Engineering Department, relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat and on behalf of the City of Dubuque, Iowa. Section 2. That the dedication of Lot 2-2-1-2-1-2-2-2-2-2-A of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, Iowa, for street Right of Way and public utility purposes, as it appears on said Acquisition Plat, be and the same are hereby accepted. Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved, and adopted this 6ch day of February, 2023. f-- Attest: Adrienne N. Breitfelder, City Clerk INDEX LEGEND: Reserved for Recorder LOCATION: LOT 2-2-1-2-1-2-2-2-2-2 OF THE NE 1 / 4 OF THE NE 1 / 4 OF SECTION 28, T89N, R2E OF 5TH P.M. CITY OF DUBUQUE, IOWA REQUESTOR: CITY OF DUBUQUE PROPRIETOR: HILLS AND DALES CHILD DEVELOPMENT CENTER SURVEYOR: RUSSELL N. KIEFFER SURVEYOR COMPANY: CITY OF DUBUQUE RETURN TO: RUSSELL N. KIEFFER, CITY OF DUBUQUE 50 WEST 13TH ST., DUBUQUE, IOWA 52001 Pr ........;,c � co m CO)�-ntn N-n►M " 171 m yy ° y z 0 °i eee��lll a 0 i d o y 1 N N 5 Q N • D E N f O m � o 2 n^, 3w m � 3 o��o w p m 3 m a y m cn a v 3 0 w Q �. n O Z v m m o. < m Uj * rri O M O r z N cn y �- 0 o Co ;0 rn Z O O Z az -mi oc m a m m n N o n to D o D N n c N � n r N Z Z � N O Z N C. � N z � m � m Amy m; Z a m n rn Z W 3 m z 2 N m m n N-1 0 C Cn 0-rj z (:7 r �-1 tij LOT 1 ROGER F. & KATHLEEN A. KLALIER FAMILY PLACE PER INST. # 2021-18931 rnxmPW-gA5vwv-!)D- z 00-4x--4*m0<-4T0> O 0O g x K= m� D o x- m o v I mom �mr Or-0n3 -n ��0D m-<Kvim9D o-gym DMZ or—c nU)P> mo mCrn-n�fmJ�D0m wmm2m OWWm �2 Tmm -4-ID�Z o- px0Xo=007 n� 0-1m7qm F<.nD nVi z0 � v vm m cn v nNi 00� 00o -n 4 c0 ;0 m O !n m 65 m M v LOT 2-2-1-2-1-2-2-2-2-2 NE 1/4 NE 114 SEC. 28 m0�C0 I r A O N �: Z X05 m� � N � (n IU m N N � N > N Z OD Oa w W nl A 0 90 4 A 0 00 t INST. # 2598-72 -� / C � CX 0 m z inen0 =i 0 N01 ° 44' 27"W 50.00' r ------ �ai0 mm o, D / \,D v m C)O / 179, m \`tee O -Zi m - s Z I \ mx0 mmo � mz� ZAn AUn �mN N -4 at a OO - � rn o m n 91Prj I I cn � I 0 OD z m w D I z I4 0 N 00 �+ N 00 O CC I� D17, /m/om� VJ I z 00 t° I Ico Cn N m V S00° 50' 08"E 40.39' (40') I I OD I N N 0 w m U op n W OA zo z D v m M jV m .�: No I o I Oro DN �W O-m Z-� 0Z0 m \m C44, �' mm m m Z -im O CA -n�r 1= w° \� rn NmO� I0 A-1nzN x �? C O -� - m . -1 m zt � z N Co OD CO o m mado. O N O s z 14 co � D � � � ~ 2 14 ha c� m Z N 1 Iv�l 1C mCj) O m D Ti 30 N 0 � O N o I I �� Z� m C C ��// 1, ( Z N �ti ,m- O;m uA� Z-4 NWN �C m c ozommn m -4 4'nN 14 m N N N N IIIIIII IIIIII III IIIII IIIII IIIII IIIII IIIII II II IIII III II I IIIII II I I III Doc ID: 011065980008 Type: GEN Kind: SURVEY PLAT Recorded: 02/08/2023 at 03:07:02 PM Fee Amt: $42.00 Paqe 1 of 8 Dubuque County Iowa Karol Kennedy Recorder File2023-00001186 n 1 O v z W Iv D 4 n Mpr OU1� O N \1 O O C rA . r n 1 � Zl r0 �oq cn mm D C� / mo m • m_ / -, m N00° 49' 59"W — — 294.29' (294.29') z OD r Oo in mmO� N �T \ C:)0 oiom -g �4-m \ o N TO D O N O m N p L7 N n, rn Z w o m N `� < M D m rn n NUl < N mP0 6NN o N <DZ W co O N G) I N NOW 48' 57"W 296.07' (296.07') z mZ 00 p 00 x Zak N OcD �mN 4' moo #P; -4 C N 0 m CT omn o b� v v 0 NOW 53' 08"W 289.68' (289.68') „ 0 I � W A N_ �m z O �� n zm aD0 D wo 4 Z m � -Z, ° v - O n v 0 \ N m \ x ac D � � - O m0 N\ N ab ��'C cm� 0 W O N N mz� N� 00 NO n A N N m N Dw INo w \ Nm o I ';b D o .moo.- m I N OD S00° 35' 28"E CD 292.89' (292.80') O 90 -on CT \ i CR LOT 2 oDD N GREENSTATE PLACE 0.L.� z PER INST. # 2022-2827 z z i C- m X -� �O z r v0�m z v O m D G) 0 z D C_- m C x � a p Cr S2 C �• CD P 70 o �T _ n 3 �Z mH m Q J m A O A Z < -n N m w C D Z m O) r m ut r C p 0 CONON < C M 1J c�N Ow* N nc m c In 0. Z O n) m' N Dm �m 0 Np-OI OmD z yOo m J oM D M Dp N w jm AA :0 A �v N m m^��-111 Z� a W G o 1P m � MO N \'� 0ovmm O � -m-1CCU I i O=CA m ='�+ocCn m� c=-am0�m c0 Zfn C= ZNr- mZN°D0 =FWD M zm N v mZ m nC) D r- m I I w O m m _ C] N P SO 0 ` r;0X M0 o M v O m v m z O z F� O• >�O cn z nO0 v >00z LSO 0D v -< m my Cr Cn < _ z r- m m z v SURVEYOR'S CERTIFICATE PROPERTY DESCRIPTION Lot 2-2-1-2-1-2-2-2-2-2-A of the Northeast Quarter of the Northeast Quarter of Section 28, T89N1 R2E of the 5th P.M., in the City of Dubuque, Iowa A part of Lot 2-2-1-2-1-2-2-2-2-2 of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, Iowa, more particularly described as follows: Beginning at the Southeasterly corner of Lot 2-2-1-2-1-2-2-2-2-2 of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, Iowa; Thence South 89 Degrees 09 Minutes 52 Seconds West along the Northerly right of way line of Stoneman Road, also being the Southerly line of said Lot 2-2-1-2-1-2-2-2-2-2 a distance of 137.99 feet; Thence Northeasterly along a circular curve concave to the Southeast having a radius of 51.00 feet, a chord of 101.17 feet which bears North 73 Degrees 12 Minutes 07 Seconds East, an arc length of 147.20 feet; Thence Southeasterly along a circular curve concave to the Northeast having a radius of 46.09 feet, a chord of 49.32 feet which bears South 56 Degrees 29 Minutes 28 Seconds East, an arc length of 52.04 feet to the Point of Beginning, containing 5,106 square feet (0.117 acres), more or less, and is subject to easements, reservations, restrictions and rights of way of record and not of record. The above -described parcel shall hereinafter be known as Lot 2-2-1-2-1-2-2-2-2-2-A of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, Iowa. The above described lot(s) were surveyed and platted for right-of-way purposes, the plat of which is attached hereto and made a part of this certificate. All monuments were placed or shall be placed within one year from the date this plat is recorded. I hereby certify that this land surveying document was prepared and the related survey work was performed by me, or under my direct personal supervision, and that I am a duly licensed Professional Land Surveyor under the laws of the State of Iowa. Date 0 / - /D - 70 Z3 .9 sG� y. G RUSSEL L N. "a-"c KIEFFER 18128 �6WP Russell N. Kieffer, P.L.S. No. 18128 My license renewal date is Dec. 31, 2024 Pages on sheets covered by this seal: this sheet only 2 OWNER'S CONSENT Dubuque, Iowa 2023 The foregoing acquisition plat of Lot 2-2-1-2-1-2-2-2-2-2-A of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5tn P.M., in the City of Dubuque, Iowa, is made with the free consent and in accordance with the desires of the undersigned owners and proprietors of said real estate. We hereby dedicate said Lot 2-2-1-2-1-2-2-2-2-2-A to the public for street and utility purposes. HILLS AND DALES CHILD DEVELOPMENT CENTER By: - Jacob Richard Mescher, C.E.O. UNIVERSAL NOTARY CERTIFICATE STATE OF I'va COUNTY OF On this 9 day of JM10"" , 2023, before me, the undersigned, a Notary Public, in and for said State, personally appeared - cL�b tR,c1-.ay-,A to me personally known, OR _ proved to me on the basis of satisfactory evidence to be the person(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) acted, ecu d the ins ument. (Notary Seal) ign in BW6 ink) ANNA SIEBELS SF (Print/type name) Commission Number 803331 Notary Public in and for State of Iowa L' My Commission Expires March 27, 2023 3 CAPACITY CLAIMED BY SIGNER _INDIVIDUAL CORPORATE OFFICER(S) ("�(1 (Title) (CORP SEAL) _AFFIXED NO SEAL PROCURED _PARTNER(S) _LIMITED _GENERAL ATTORNEY -IN -FACT _TRUSTEE(S) GUARDIAN/CONSERVATOR ^OTHER SIGNER IS REPRESENTING PLANNING SERVICES Dubuque, Iowa 2 - , 2023 The foregoing acquisition plat Lot 2-2-1-2-1-2-2-2-2-2-A of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, Iowa, in the City of Dubuque or within the two-mile jurisdiction of the City of Dubuque, Iowa, as defined under Section 354 of the Code of Iowa, has been reviewed by the City Planner, (or designee) of the City of Dubuqu accor c with Chapter 42 of the City of Dubuque Code of Ordinances, and said approval has be a rsed er ' n t date first written above. 2re i ont, Manage tanning Services City of Dubuque, Iowa CITY OF DUBUQUE, IOWA Dubuque, Iowa 0/7 _'2023 The undersigned, Brad M. Cavanagh, Mayor and Adrienne N. Breitfelder, Clerk of the City of Dubuque, Iowa, do hereby certify that the foregoing acquisition plat of Lot 2-2-1-2-1-2-2-2-2-2-A of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, Iowa, and the dedication of Lot 2-2-1-2-1-2-2-2-2-2-A of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, Iowa to the public for street and utility purposes, as appears heretofore has been filed on "' day of Fe kruckr 4 , 2023 as Resolution # a5 `c 33 in the office of the City Clerk of Dubuque, Iowa and that the City Council of the City of Dubuque, Iowa approves said plat. Mayor of the gj'f,rs-df Dubuque, IA W-? � !11 A i i RU4 Clerk of the City of Dubuque, IA COUNTY AUDITOR Dubuque, Iowa , 2023 The foregoing acquisition plat of Lot 2-2-1-2-1-2-2-2-2-2-A of the Northeast Quarter of toe klg rtheast Quarter of Section 28, T89N, R2E of the 5' P.M., ir)the City of Dubuque, Iowa was en `bi.Fecord[ k), the office of the Dubuque County Auditor this of 2024. di e appr subdivision name or title shown hereon to be recorded. 40 . 1 ... ' Otto 11 DuB�i��ge.Auditor n CITY ASSESSOR Dubuque, Iowa 2023 The foregoing acquisition plat of Lot 2-2-1-2-1-2-2-2-2-2-A of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5t' P.M., in the City of Dubuque, Iowa was entered of record in the office of the Dubuque County Assessor this of — , 2023. roy Patzn Dubuque City Assessor Dubuque, Iowa RECORDER'S CERTIFICATE ELIO . 9 44-N 2023 The foregoing acquisition plat of Lot 2-2-1-2-1-2-2-2-2-2-A of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, Iowa has been reviewed by the Dubuque County Recorder. JL�nj b�L" Recorder of Dubuque County 5 Prepared by: Nate Kieffer. City of Dubuque. 50 W. 131" Street. Dubuque. IA 52001 (563) 589-4270 Return to: Nate Kieffer. City of Dubuque. 50 W. 131 Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 25-23 APPROVING THE ACQUISITION PLAT OF LOT 2-2-1-2-1-2-2-2-2-2-A OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28, T89N, R2E OF THE 5T" P.M., IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, an Acquisition Plat dated January 10, 2023 prepared by the City of Dubuque Engineering Department describing Lot 2-2-1-2-1-2-2-2-2-2-A of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5"1 P.M., in the City of Dubuque, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto; and Whereas, upon said plat appears Lot 2-2-1-2-1-2-2-2-2-2-A, which Hills and Dales Child Development Center, by said plat has dedicated to the public forever; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated January 10, 2023, prepared by the City of Dubuque Engineering Department, relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat and on behalf of the City of Dubuque, Iowa. Section 2. That the dedication of Lot 2-2-1-2-1-2-2-2-2-2-A of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, Iowa, for street Right of Way and public utility purposes, as it appears on said Acquisition Plat, be and the same are hereby accepted. Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved, and adopted this 61h day of February, 2023. Brad `agh, Mayor Attest: Adrienne N. Breitfelder, City Clerk CERTIFICATE of the CITY CLERK STATE OF IOWA SS: COUNTY OF DUBUQUE ) I, Adrienne N. Breitfelder, City Clerk, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 25-23 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 7tt' day of February, 2023. 4 F • • • % ... / ,ram,+ ?� 4 Adrienne N. Breitfelder, tity Clerk Copyrighted May 2, 2022 City of Dubuque Consent Items # 010. City Council Meeting ITEM TITLE: Stoneman Road Reconstruction Project-Agreementwith Hills and Dales Child Development Center, Inc. SUM MARY: City Manager recommending City Council approval of an Agreement with developer Hills and Dales Child Development Center, I nc. (Hills and Dales)for the construction of public utility and roadway improvements at the west end of Stoneman Road through adoption of a resolution. RESOLUTION Approving an Agreement for Utility and Road Improvements on Stoneman Road between the City of Dubuque, lowa and Hills and Dales Child Development Center, I nc. SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type Stoneman Road Reconstruction Project-Agreement with Hills and Dales Child Development Center, Inc.- City Manager Memo MVM Memo Staff Memo Staff Memo Resolution Resolutions Agreement Supporting Documentation Dubuque THE CITY QF � �II-Meriea Ciry DU B E , . � . , I� � I �aSt� I�C� �tZ �� liV�tSSZSSZ Z zoa�•zoiz•zai3 YP �'p za��*�az� TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Stoneman Road Reconstruction Project— Agreement with Hills and Dales Child Development Center, Inc. DATE: April 28, 2022 City Engineer Gus Psihoyos is recommending City Council approval of an Agreement with developer Hills and Dales Child Development Center, Inc. (Hills and Dales) for the construction of public utility and roadway improvements at the west end of Stoneman Road through adoption of a resolution. 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 Dubuque THE CITY OF � All-Amerisa Giqr D�u� E W��.,�,��,��4�� ' � � � 1► MASt� 1eC� OYl t�1e �ZSS1S51 1 zoo��zolz=zois � I�p ZQ 17*2019 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Stoneman Road Reconstruction Project—Agreement with Hills and Dales Child Development Center, Inc. DATE: April 21, 2022 INTRODUCTION This memo provides information regarding the approval of an Agreement with developer Hills and Dales Child Development Center, Inc. (Hills and Dales) for the construction of public utility and roadway improvements at the west end of Stoneman Road. BACKGROUND 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. The street has a cul-de-sac that was platted at the end of the street, but the cul-de-sac was never constructed. Public Works have had issues with plowing the street and they currently turn around in the Hills and Dales parking lot. Since there is no cul-de-sac, it is difficult for Public Works to plow the street. DISCUSSION The preliminary plans for the upcoming Stoneman Road Reconstruction Project originally included construction of a cul-de-sac in its originally platted location just to the east of the existing Hills and Dales building. Because Hills and Dales are the only property owner at the westerly terminus of Stoneman Road, staff had proposed the relocation of the cul-de-sac nearer to the east lot line of the property. Moving the cul- de-sac east decreases the amount of roadway the City needs to own and maintain and allows Hills and Dales space for needed parking, and also reduces the overall cost of the project to the City and assessments to the property owners. The Agreement between the City and Hills and Dales requires the City to design and construct the relocated cul-de-sac as part of the upcoming reconstruction project. The City will be responsible for all surveying, platting, surveying, and conveyance documents related to the street vacation, street right of way dedication, and associated easements. The City will vacate the former cul-de-sac area for use by Hills and Dales as a parking lot. Hills and Dales will dedicate the land needed for the newly located cul- de-sac. The City will retain and Hills and Dales will dedicate certain easements associated with the reconstruction project as shown on the attached agreement document. Hills and Dales will take over ownership and maintenance of the existing water main utility located in the vacated street/cul-de-sac area. The parties have agreed the land transfers and utility easements as part of the project are substantially equivalent in value. Hills and Dales has executed the attached agreement. RECOMMENDATION I recommend that the City Council approve the Agreement with Hills and Dales for construction of public utility and roadway improvements at the west end of Stoneman Road including the relocation of the existing cul-de-sac. ACTION TO BE TAKEN I respectfully request approval of the Agreement with Hills and Dales for construction of public utility and roadway improvements at the west end of Stoneman Road through the adoption of the enclosed resolution. Prepared by: Nate Kieffer, PE/PLS cc: Bob Schiesl, Assistant City Engineer Jon Dienst, Civil Engineer II 2 Prepared by Nate Kieffer Citv of Dubuque Enqineering_50 W 13'h St Dubuaue lowa 52001 (5631589-4270 Return to Adrienne N. Breitfelder City of Dubuque City Cferk 5D W 13'h St Dubuque, lowa 52001 (563)589-4100 RESOLUTION NO. 170-22 APPROVING AN AGREEMENT FOR UTILfTY AND ROAD IMPROVEMENTS 4N STONEMAN R4AD BETWEEN THE C1TY OF DUBUQUE, I�WA AND HILLS AND DALES CHILD DEVELOPMENT CENTER, INC. Whereas, the City intends to reconstruct Stoneman Raad which wilf include roadway improvements, sidewalk installation, and utility impro�ements; ar�d Whereas, the City plans to relocate �h� cul-de-sac which requires acquisitian of additional right-af-way from betweer� Hills and Dales Child De��Ropment Center, Inc., and Wher�as, between Hills and Dales Child Development Center, Inc. is wifling to dedicate the necessary additiona! righ#-of-way to City; an� Wh�r�as, relacatiorr ofi t�e cul-de-sac will result in excess right-of-way in areas the City will no longer nee� to retain and those areas abut the Hilfs & Dal�s Lifetime Cerrter and Childcare facifity on Stoneman Road, and Whereas, City is wiiling to �acate the excess right-of-way to between Hifls and Dales Chiid Development Center, fnc, and Whereas, fhe parties have agreed the land transfers, easements, and utility projects as part of the Project are substantially equivalent in value; and Wh�reas, the City of Dubuque has reviewed and approved the preliminary design and canstruction plar�s for said public roadway improvements as required by the Agreement; and Whereas, between Hiils and Dales Child Development Center, Inc. has executed the Agreemenf. NOW, THEREFORE, BE 1T RESOLV�D BY THE CITY COUNCiL OF THE CITY OF DUBUQUE, i4WA: Section 1. The Agreement attached hereto is hereby approv�d. Secfian 2. The City Manag�r is authorized and directed to execute the Agreement on behalf of t�e City of Dubuque. Passed, approved, and adopted t�tis 2�� day af May 2022. � " ra M. Cavar��g�i, Mayor ATTEST: ��.�.� �' �'-��1?� Adrienne N. Breitfeider, City Clerk STONEMAN ROAD UTILITY AND ROAD IMPR�VEMENTS AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND HILLS AND DALES CHILD DEVELOPMENT CENTER, INC. This Agreement (the Agreement), dated for reference purpases the 3rd day of May , 2022, is made and entered into by and between Hills and Dales Chi1d Development Center, Inc. (Hi�ls & Dales) and the City of Dubuque, lowa (Cify). Whereas, Hills & Dales is the owner of the property legally described as: Lot 2-2-1-2-1-2-2-2-2-2 of the NE 1J4 of t�e NE 114 of Sectivn 28, Township 89 North, Range 2 East of the 5�h P.M., in the City of Dubuque, lowa„ according to the recorded plat thereof and as shawn on Exhibit A (the Real Estate); and Whereas, City is #he owner of the abutting right-of-way as shown on Exhibit A Whereas, Ci#y intends to reconstruct Stoneman Road which will incfude roadway improvements, sidewalk installation, and ufiilifiy Emprovements(the Project) as conceptually shown an Exhibit B; and Whereas, City has determined that the Project wifl relocate the culdesac which requires acquisition of additional right-of-way by�the City from H�IIs & Dales, and Whereas, Hil[s & Dales is willing ta dedicate th� necessary additiana! righfi-ofi way to City; and Whereas, relocation af the cuEdesac will resuit in excess right-of-way in areas the City wi{I no longer need to retain and those areas abut#he Hills & Dales Lifetime Center and Childcare facility on Staneman Road, and Whereas, City is willing to vacafe the excess right-af-way to HiEls & Dales, and Whereas, the parties ha�e agreed #he land transfers and utiiity projects as part of the Project are substantially �qui�al�nt in �alue; and as Whereas, the parties �ave come to terms an how to best effectuate the components of the Praject ta maximize the benefits to each party and the residents and visitors to Dubuque. NOW, THEREFORE, IT IS AGREED BY AND �ETWEEN HILLS & Di4LES AND CITY AS FOLLOWS: SECTION 1. CITY OBL.IGATIONS. 1.1 Cifiy agrees to relocate the culdesac at the westerly terminus of Stoneman Road. 1.2 City is responsible far all necessary p[afiting, surveying, and recording costs to effectuate the transactions comtemplated by thie Agreement. 1.3 City will �acate the existing street right-of-way and dead Area A, C, and D as shown on Exhibit B to Hills & Dales by quitcEairr� deed. 1.4 City will retain public utility easements o�er Area C and D as shown on Exhibit B as part of the right-of-way vacafion process. 1.5 City will restore any Hills & Dales property disturbed during the Project to its pre�ious condition. �.6 City will make parking [ot modi'ficatinns to accommodate #he relocated culdesac as shown in th� Stoneman Raad Recanstruction Project design documents and Exhibit B. �.7 City agrees to make a good faith effort ta complete the Project by Nouember 1, 2022. 1.8 City agrees to assure vehicle acc�ss ta the parking outside of the per�meter construction easement (Area B on Exhibit B) and ADA pedestrian access to afl �ast entrances af the Hills and Dales building throughout the duration af the temporary construction easement described in Sectian 2.3 below. To fhe greatest extent possif�le, City and its contractor will stage, phase, or oth�rwiss� stagger reconstruction qf the parking [ot to maximize the number usabl� parking stalls serving the Hills and Dales building throughout t�e duration of ti�e temporary canstruction easement described in Secfiion 2.3 b�1ow. SECTION 2. HI�LS & DALES OBLIGATIONS. 2.1 Hills & Dales agr��s ta dedicate to City Area F as shawn on Exhibit B for public sfireet right-of-way an� �afi�ity purposes by right of way dedication plat. 2.2 Hills & Dales will grant a public utility easernent o�er the Area E as shown on Exhibit B, 2.3 Hilfs & Dales will grant a temporary consfructian �asement over Area B as shown on Exhibit B. 2.4 Hills & Dales will take o�er ownership and maintenance of fihe existing watermain west of the new culdesac as shown on Exhibit B. SECTI�N 3. BINDING ON SUCCESSORS AND ASSIGNS. This Agreem�nt shall ba binding upon the parties hereto and their successors and assigns. SECTION 4. CfTY COUNCIL APPROVAL REQUIRED. This Agreemenfi is subject to final approval by tFte City Cauncil in fts sole discrefiion. 2 SECTION 5. INDEMNEFICATION FR�M THIRQ PARTY CLAIMS. To the fullest extent permitted by law, Hills & Dales s�all defend, indemnify and hold harmless City, its Officers anc! employees, from and against alf claims, damages, losses and expenses claimed by third parties, but not including any claims, damages, losses or expenses of the parties to this Agreement, incfuding but not limited ta attorneys' fees, arising out of or resulting from the perfiormance of this Agreement, provided that such claim, damages, loss or expense is attributable to �odily injury, sickness, disease or death, ar injury to ar destruction of property, incl��ing loss of use resulting fhe�e from, but only to the extent caused in whole or in par� by the r�egligent acts or omissions of Hills & Dales, or anyone directly or indirectly employed by Hills & Dafes, ar anyone for wY�ose acts Hills & Dales may be liable, regardl�ss of whether or not such claim, damage, loss ar expense is caused in part by a party indemnified hereunder. To the fullest extent permitted by law, City s�all defend, indemnify and hold harmless Hills and Dales, its officers and empEayees, from and against a!1 cla�ms, damages, losses and expenses cfaimed by third parties, but not induding any claims, damages, losses or expenses of the parties to this Agreement, including but not iimifed to attorneys' fees, arising out of or resulting from the perFormance of this Agreement, pro�ided that such claim, damages, loss or �xpense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property, including loss of use resulting �here from, but only to the extent caus�d in whoae ar in part by the negligent acts or omissions of City, or anyone directly or indirectly employed by City, or anyone for whase acts City may be fiable, regardless of whether or not such claim, damage, loss or expense is caused in parf by a party indemnified hereund�r. CITY OF DUBUQUE, IOWA HILLS $� DALES CHILD DEVELOPM�NT CENTER, INC. By: /�l.(� vwy, By: Michael C. Van Milligen, City Manager N e: �./G�C,��/�.�'`S'Gf�.P,� Its: �71�`� -��P ��V�. (��1 G-e.r� Date: 05/03/2022 Date: ��/�/ /�� 3 EXHIBIT A 4 ouwa�r �'Du8 E EXHIBIT A .� ;i�� A4 rt,q�i, -�r!r iL1i;.i:sipF�E 'i�',� . .. �- -�/� � . .. .. Y � £�� ,--�'�,�.+I'E ..`�i�;.'. -. .. . r� I_ .��i`, 4 353� _y,, � 1, � ,x,^ 1 , �� • - ` ;. ' �, � � ' - },ry�+ � 34 D ' - �3470 3dfi6 3A58 _ 3450 ' 343�24 �� ' 3520 � ,�3510 �, 8 _ � 1582 ° - ; �� ._ � � r ,�� `x ',��' r � :_ �,. • . 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N Map Prepared hy: - Cdy of Ou6uque 1 inch=$d feet 1hf c Englneedng�ivision Y V C 50 West 131h Sireet - - - BO 40 0 8�F9Bt PhoneR{563)589-427�0 ,.. . --� �� '-�" � � Fax:{563)589-4205 EXHIB[T � , 5 EXHIBIT � AREA A-ROW VACATIdN TO Fi& D Nd EASEMENTS RESERV�D(4,550 SF} AREA C-ROW VACATlON TO H&D WI UTILITY EASEMEN7 REB�RVED BY C[TY(4,55(}SF) AREA D ROW VACAT[ON TO H&�WlUTILITY EASE,MENT RESERVEd BY CITY(552 SF) � � AREA�-TEMPORARY CdNSTRUCTIdN EASEfVIENT TO CITY(9,203 SF) 4��°; 0 2� 40 11 ' AREA E-PERN€ANENT PU�LIC UTILITY EASEMENT TO CITY(2,0$3 SF) AREA F-ROV'J PURCHASE TO CIN(5,128 SF} ___ _. __ -_...�_ —_� � i__, ` _ I � �I � � � � �� , � ,.n ��._ ;g� �� UTILITY EASEMENT �� (7,D37 5Fj � I 5$9"09'4T"W 179.5 ' , ' — � � soo°50' �g"E 16.00'�, AREA� ��.� 2 AREA B S89°09"42"W 25.52' �� p �j ' _, ll �� ' AREA E w N�CTI N Q j� � � ��} �` ,/ '�4S � T `� � �� ` � � 'Z � 3�O� �� i" �. � N � � N �°=� �,� �, � Y";`} R01N VACATED TO ROW ACQUiRED BY �� .�` ;-' HILLS AND DALES f CITY FROM �iILLS AND ` ' 4,550 SF AREA A� DALES AREA F � /�# _ _ � � 5,128 5F� r: / � � 0 - ,fl � I y � AR�A B i _ — AREA C S� AREA D 3e� —�se� —�sa� —�se� —csea--�sa� —�—�se> � f ( 1� Y -f VI' �C P �P) (B YPF�(B VP)-�(8 kPl�(B VPS�)—�—( Pi �� c� ��9�4P '— ` _ � � �� O �f..�� /. ...... /f"-"f ZWT� —C 6) �(CO) -----(t0I —�CO3� <COz (C O(CO)— $$ • � 6� --�- 1 1 � '1��' - � � �N � � �j.-i EXIST. WATERMAIN � � ' I� TD BE QWNED AND � ,�; CURVE TABLE MAIlVTAfI�E'D BY � � � �� HILLS A�JD D/�L�S � ; � CURVE# �ENGTH RAdIUS QELTA CH"n'�.vin. �.n�nv��iv. � ` I F,, : 1 \ C1 243.51 50,OD 279°02'46" N46"48'40"E 64.91 � � ! \ � ( � � � C2 175.95 61,00 165°15'4b" N74°15'43"E 12p.99 C3 40.19 34.00 b7"43'53" 556"58'21"E 37.89 � - � � I f k SHEEfTfTLE' �ES�GNPROFESSIONAL p�pIECTN6.. X�^ �I,IO{I1pMy��Y ��15 EXHIBIT A 35D5 STONEMAN ROAp 21-Q056 oareissu€o: D3-08 2fl22 4n,�1`7SVaTH1Y I S rR��EC�NAME: SHfFfNVMBER' 1 CVlIFENs REV: wwwnxionn-caN,conn�{�ig�sza-6zao STONEMAN RDAD 1 OF 1 ar , - . pm : esign civi-survey eets x � its - x i its. wg Copyrighted May 2, 2022 City of Dubuque Consent Items # 010. City Council Meeting ITEM TITLE: Stoneman Road Reconstruction Project-Agreementwith Hills and Dales Child Development Center, Inc. SUM MARY: City Manager recommending City Council approval of an Agreement with developer Hills and Dales Child Development Center, I nc. (Hills and Dales)for the construction of public utility and roadway improvements at the west end of Stoneman Road through adoption of a resolution. RESOLUTION Approving an Agreement for Utility and Road Improvements on Stoneman Road between the City of Dubuque, lowa and Hills and Dales Child Development Center, I nc. SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type Stoneman Road Reconstruction Project-Agreement with Hills and Dales Child Development Center, Inc.- City Manager Memo MVM Memo Staff Memo Staff Memo Resolution Resolutions Agreement Supporting Documentation Dubuque THE CITY QF � �II-Meriea Ciry DU B E , . � . , I� � I �aSt� I�C� �tZ �� liV�tSSZSSZ Z zoa�•zoiz•zai3 YP �'p za��*�az� TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Stoneman Road Reconstruction Project— Agreement with Hills and Dales Child Development Center, Inc. DATE: April 28, 2022 City Engineer Gus Psihoyos is recommending City Council approval of an Agreement with developer Hills and Dales Child Development Center, Inc. (Hills and Dales) for the construction of public utility and roadway improvements at the west end of Stoneman Road through adoption of a resolution. 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 Dubuque THE CITY OF � All-Amerisa Giqr D�u� E W��.,�,��,��4�� ' � � � 1► MASt� 1eC� OYl t�1e �ZSS1S51 1 zoo��zolz=zois � I�p ZQ 17*2019 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Stoneman Road Reconstruction Project—Agreement with Hills and Dales Child Development Center, Inc. DATE: April 21, 2022 INTRODUCTION This memo provides information regarding the approval of an Agreement with developer Hills and Dales Child Development Center, Inc. (Hills and Dales) for the construction of public utility and roadway improvements at the west end of Stoneman Road. BACKGROUND 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. The street has a cul-de-sac that was platted at the end of the street, but the cul-de-sac was never constructed. Public Works have had issues with plowing the street and they currently turn around in the Hills and Dales parking lot. Since there is no cul-de-sac, it is difficult for Public Works to plow the street. DISCUSSION The preliminary plans for the upcoming Stoneman Road Reconstruction Project originally included construction of a cul-de-sac in its originally platted location just to the east of the existing Hills and Dales building. Because Hills and Dales are the only property owner at the westerly terminus of Stoneman Road, staff had proposed the relocation of the cul-de-sac nearer to the east lot line of the property. Moving the cul- de-sac east decreases the amount of roadway the City needs to own and maintain and allows Hills and Dales space for needed parking, and also reduces the overall cost of the project to the City and assessments to the property owners. The Agreement between the City and Hills and Dales requires the City to design and construct the relocated cul-de-sac as part of the upcoming reconstruction project. The City will be responsible for all surveying, platting, surveying, and conveyance documents related to the street vacation, street right of way dedication, and associated easements. The City will vacate the former cul-de-sac area for use by Hills and Dales as a parking lot. Hills and Dales will dedicate the land needed for the newly located cul- de-sac. The City will retain and Hills and Dales will dedicate certain easements associated with the reconstruction project as shown on the attached agreement document. Hills and Dales will take over ownership and maintenance of the existing water main utility located in the vacated street/cul-de-sac area. The parties have agreed the land transfers and utility easements as part of the project are substantially equivalent in value. Hills and Dales has executed the attached agreement. RECOMMENDATION I recommend that the City Council approve the Agreement with Hills and Dales for construction of public utility and roadway improvements at the west end of Stoneman Road including the relocation of the existing cul-de-sac. ACTION TO BE TAKEN I respectfully request approval of the Agreement with Hills and Dales for construction of public utility and roadway improvements at the west end of Stoneman Road through the adoption of the enclosed resolution. Prepared by: Nate Kieffer, PE/PLS cc: Bob Schiesl, Assistant City Engineer Jon Dienst, Civil Engineer II 2 Prepared by Nate Kieffer Citv of Dubuque Enqineering_50 W 13'h St Dubuaue lowa 52001 (5631589-4270 Return to Adrienne N. Breitfelder City of Dubuque City Cferk 5D W 13'h St Dubuque, lowa 52001 (563)589-4100 RESOLUTION NO. 170-22 APPROVING AN AGREEMENT FOR UTILfTY AND ROAD IMPROVEMENTS 4N STONEMAN R4AD BETWEEN THE C1TY OF DUBUQUE, I�WA AND HILLS AND DALES CHILD DEVELOPMENT CENTER, INC. Whereas, the City intends to reconstruct Stoneman Raad which wilf include roadway improvements, sidewalk installation, and utility impro�ements; ar�d Whereas, the City plans to relocate �h� cul-de-sac which requires acquisitian of additional right-af-way from betweer� Hills and Dales Child De��Ropment Center, Inc., and Wher�as, between Hills and Dales Child Development Center, Inc. is wifling to dedicate the necessary additiona! righ#-of-way to City; an� Wh�r�as, relacatiorr ofi t�e cul-de-sac will result in excess right-of-way in areas the City will no longer nee� to retain and those areas abut the Hilfs & Dal�s Lifetime Cerrter and Childcare facifity on Stoneman Road, and Whereas, City is wiiling to �acate the excess right-of-way to between Hifls and Dales Chiid Development Center, fnc, and Whereas, fhe parties have agreed the land transfers, easements, and utility projects as part of the Project are substantially equivalent in value; and Wh�reas, the City of Dubuque has reviewed and approved the preliminary design and canstruction plar�s for said public roadway improvements as required by the Agreement; and Whereas, between Hiils and Dales Child Development Center, Inc. has executed the Agreemenf. NOW, THEREFORE, BE 1T RESOLV�D BY THE CITY COUNCiL OF THE CITY OF DUBUQUE, i4WA: Section 1. The Agreement attached hereto is hereby approv�d. Secfian 2. The City Manag�r is authorized and directed to execute the Agreement on behalf of t�e City of Dubuque. Passed, approved, and adopted t�tis 2�� day af May 2022. � " ra M. Cavar��g�i, Mayor ATTEST: ��.�.� �' �'-��1?� Adrienne N. Breitfeider, City Clerk STONEMAN ROAD UTILITY AND ROAD IMPR�VEMENTS AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND HILLS AND DALES CHILD DEVELOPMENT CENTER, INC. This Agreement (the Agreement), dated for reference purpases the 3rd day of May , 2022, is made and entered into by and between Hills and Dales Chi1d Development Center, Inc. (Hi�ls & Dales) and the City of Dubuque, lowa (Cify). Whereas, Hills & Dales is the owner of the property legally described as: Lot 2-2-1-2-1-2-2-2-2-2 of the NE 1J4 of t�e NE 114 of Sectivn 28, Township 89 North, Range 2 East of the 5�h P.M., in the City of Dubuque, lowa„ according to the recorded plat thereof and as shawn on Exhibit A (the Real Estate); and Whereas, City is #he owner of the abutting right-of-way as shown on Exhibit A Whereas, Ci#y intends to reconstruct Stoneman Road which will incfude roadway improvements, sidewalk installation, and ufiilifiy Emprovements(the Project) as conceptually shown an Exhibit B; and Whereas, City has determined that the Project wifl relocate the culdesac which requires acquisition of additional right-of-way by�the City from H�IIs & Dales, and Whereas, Hil[s & Dales is willing ta dedicate th� necessary additiana! righfi-ofi way to City; and Whereas, relocation af the cuEdesac will resuit in excess right-of-way in areas the City wi{I no longer need to retain and those areas abut#he Hills & Dales Lifetime Center and Childcare facility on Staneman Road, and Whereas, City is willing to vacafe the excess right-af-way to HiEls & Dales, and Whereas, the parties ha�e agreed #he land transfers and utiiity projects as part of the Project are substantially �qui�al�nt in �alue; and as Whereas, the parties �ave come to terms an how to best effectuate the components of the Praject ta maximize the benefits to each party and the residents and visitors to Dubuque. NOW, THEREFORE, IT IS AGREED BY AND �ETWEEN HILLS & Di4LES AND CITY AS FOLLOWS: SECTION 1. CITY OBL.IGATIONS. 1.1 Cifiy agrees to relocate the culdesac at the westerly terminus of Stoneman Road. 1.2 City is responsible far all necessary p[afiting, surveying, and recording costs to effectuate the transactions comtemplated by thie Agreement. 1.3 City will �acate the existing street right-of-way and dead Area A, C, and D as shown on Exhibit B to Hills & Dales by quitcEairr� deed. 1.4 City will retain public utility easements o�er Area C and D as shown on Exhibit B as part of the right-of-way vacafion process. 1.5 City will restore any Hills & Dales property disturbed during the Project to its pre�ious condition. �.6 City will make parking [ot modi'ficatinns to accommodate #he relocated culdesac as shown in th� Stoneman Raad Recanstruction Project design documents and Exhibit B. �.7 City agrees to make a good faith effort ta complete the Project by Nouember 1, 2022. 1.8 City agrees to assure vehicle acc�ss ta the parking outside of the per�meter construction easement (Area B on Exhibit B) and ADA pedestrian access to afl �ast entrances af the Hills and Dales building throughout the duration af the temporary construction easement described in Sectian 2.3 below. To fhe greatest extent possif�le, City and its contractor will stage, phase, or oth�rwiss� stagger reconstruction qf the parking [ot to maximize the number usabl� parking stalls serving the Hills and Dales building throughout t�e duration of ti�e temporary canstruction easement described in Secfiion 2.3 b�1ow. SECTION 2. HI�LS & DALES OBLIGATIONS. 2.1 Hills & Dales agr��s ta dedicate to City Area F as shawn on Exhibit B for public sfireet right-of-way an� �afi�ity purposes by right of way dedication plat. 2.2 Hills & Dales will grant a public utility easernent o�er the Area E as shown on Exhibit B, 2.3 Hilfs & Dales will grant a temporary consfructian �asement over Area B as shown on Exhibit B. 2.4 Hills & Dales will take o�er ownership and maintenance of fihe existing watermain west of the new culdesac as shown on Exhibit B. SECTI�N 3. BINDING ON SUCCESSORS AND ASSIGNS. This Agreem�nt shall ba binding upon the parties hereto and their successors and assigns. SECTION 4. CfTY COUNCIL APPROVAL REQUIRED. This Agreemenfi is subject to final approval by tFte City Cauncil in fts sole discrefiion. 2 SECTION 5. INDEMNEFICATION FR�M THIRQ PARTY CLAIMS. To the fullest extent permitted by law, Hills & Dales s�all defend, indemnify and hold harmless City, its Officers anc! employees, from and against alf claims, damages, losses and expenses claimed by third parties, but not including any claims, damages, losses or expenses of the parties to this Agreement, incfuding but not limited ta attorneys' fees, arising out of or resulting from the perfiormance of this Agreement, provided that such claim, damages, loss or expense is attributable to �odily injury, sickness, disease or death, ar injury to ar destruction of property, incl��ing loss of use resulting fhe�e from, but only to the extent caused in whole or in par� by the r�egligent acts or omissions of Hills & Dales, or anyone directly or indirectly employed by Hills & Dafes, ar anyone for wY�ose acts Hills & Dales may be liable, regardl�ss of whether or not such claim, damage, loss ar expense is caused in part by a party indemnified hereunder. To the fullest extent permitted by law, City s�all defend, indemnify and hold harmless Hills and Dales, its officers and empEayees, from and against a!1 cla�ms, damages, losses and expenses cfaimed by third parties, but not induding any claims, damages, losses or expenses of the parties to this Agreement, including but not iimifed to attorneys' fees, arising out of or resulting from the perFormance of this Agreement, pro�ided that such claim, damages, loss or �xpense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property, including loss of use resulting �here from, but only to the extent caus�d in whoae ar in part by the negligent acts or omissions of City, or anyone directly or indirectly employed by City, or anyone for whase acts City may be fiable, regardless of whether or not such claim, damage, loss or expense is caused in parf by a party indemnified hereund�r. CITY OF DUBUQUE, IOWA HILLS $� DALES CHILD DEVELOPM�NT CENTER, INC. By: /�l.(� vwy, By: Michael C. Van Milligen, City Manager N e: �./G�C,��/�.�'`S'Gf�.P,� Its: �71�`� -��P ��V�. (��1 G-e.r� Date: 05/03/2022 Date: ��/�/ /�� 3 EXHIBIT A 4 ouwa�r �'Du8 E EXHIBIT A .� ;i�� A4 rt,q�i, -�r!r iL1i;.i:sipF�E 'i�',� . .. �- -�/� � . .. .. Y � £�� ,--�'�,�.+I'E ..`�i�;.'. -. .. . r� I_ .��i`, 4 353� _y,, � 1, � ,x,^ 1 , �� • - ` ;. ' �, � � ' - },ry�+ � 34 D ' - �3470 3dfi6 3A58 _ 3450 ' 343�24 �� ' 3520 � ,�3510 �, 8 _ � 1582 ° - ; �� ._ � � r ,�� `x ',��' r � :_ �,. • . ' ✓ �.:. i�•.... . . .. . ., . .- . , .-...A i M.r{'�, . . ._ �-. . . . . ;.+i.' � � . - ' 1rJ8Q �:�, - � � , �� ' �. -�s a t _ I t ,° '_� r r�,� 3455 �:_�� 1572 i '� ..�,. �: � I ri - � •C6. . � � � '�; � • � k � 5 �`� '~ ��}` - ` ' 3455 3455 - - �` 4 � �i�i5za��, 1�''�'- k � � � �, .� '�► - ' � � � '� ' � 'i HILL AND DAL�S ��:� _� . 3a35 `v� ta._. . �3505 F'�2QPEFZTY-L0� 3455 - _ 4� � � 2-2�1�2-1-2'2-2-2-2 - �`s s z 3455 '- ;� - : 1f - - • �.� 15&s'>. - "` � _ CITY PROPERTI'- --_— � .-- = - EXISTING �`'- � �� , � ` STpN�MAN R04D -- . � t�'� f�.O,lnl � �� . ;� �`' „ �_ ��ic�;i: �,_„�. �,ty o:Gur i�u-0`fl�.�o �iS.�:.it�+ r�uouc�ie � . . .. N Map Prepared hy: - Cdy of Ou6uque 1 inch=$d feet 1hf c Englneedng�ivision Y V C 50 West 131h Sireet - - - BO 40 0 8�F9Bt PhoneR{563)589-427�0 ,.. . --� �� '-�" � � Fax:{563)589-4205 EXHIB[T � , 5 EXHIBIT � AREA A-ROW VACATIdN TO Fi& D Nd EASEMENTS RESERV�D(4,550 SF} AREA C-ROW VACATlON TO H&D WI UTILITY EASEMEN7 REB�RVED BY C[TY(4,55(}SF) AREA D ROW VACAT[ON TO H&�WlUTILITY EASE,MENT RESERVEd BY CITY(552 SF) � � AREA�-TEMPORARY CdNSTRUCTIdN EASEfVIENT TO CITY(9,203 SF) 4��°; 0 2� 40 11 ' AREA E-PERN€ANENT PU�LIC UTILITY EASEMENT TO CITY(2,0$3 SF) AREA F-ROV'J PURCHASE TO CIN(5,128 SF} ___ _. __ -_...�_ —_� � i__, ` _ I � �I � � � � �� , � ,.n ��._ ;g� �� UTILITY EASEMENT �� (7,D37 5Fj � I 5$9"09'4T"W 179.5 ' , ' — � � soo°50' �g"E 16.00'�, AREA� ��.� 2 AREA B S89°09"42"W 25.52' �� p �j ' _, ll �� ' AREA E w N�CTI N Q j� � � ��} �` ,/ '�4S � T `� � �� ` � � 'Z � 3�O� �� i" �. � N � � N �°=� �,� �, � Y";`} R01N VACATED TO ROW ACQUiRED BY �� .�` ;-' HILLS AND DALES f CITY FROM �iILLS AND ` ' 4,550 SF AREA A� DALES AREA F � /�# _ _ � � 5,128 5F� r: / � � 0 - ,fl � I y � AR�A B i _ — AREA C S� AREA D 3e� —�se� —�sa� —�se� —csea--�sa� —�—�se> � f ( 1� Y -f VI' �C P �P) (B YPF�(B VP)-�(8 kPl�(B VPS�)—�—( Pi �� c� ��9�4P '— ` _ � � �� O �f..�� /. ...... /f"-"f ZWT� —C 6) �(CO) -----(t0I —�CO3� <COz (C O(CO)— $$ • � 6� --�- 1 1 � '1��' - � � �N � � �j.-i EXIST. WATERMAIN � � ' I� TD BE QWNED AND � ,�; CURVE TABLE MAIlVTAfI�E'D BY � � � �� HILLS A�JD D/�L�S � ; � CURVE# �ENGTH RAdIUS QELTA CH"n'�.vin. �.n�nv��iv. � ` I F,, : 1 \ C1 243.51 50,OD 279°02'46" N46"48'40"E 64.91 � � ! \ � ( � � � C2 175.95 61,00 165°15'4b" N74°15'43"E 12p.99 C3 40.19 34.00 b7"43'53" 556"58'21"E 37.89 � - � � I f k SHEEfTfTLE' �ES�GNPROFESSIONAL p�pIECTN6.. X�^ �I,IO{I1pMy��Y ��15 EXHIBIT A 35D5 STONEMAN ROAp 21-Q056 oareissu€o: D3-08 2fl22 4n,�1`7SVaTH1Y I S rR��EC�NAME: SHfFfNVMBER' 1 CVlIFENs REV: wwwnxionn-caN,conn�{�ig�sza-6zao STONEMAN RDAD 1 OF 1 ar , - . pm : esign civi-survey eets x � its - x i its. wg