Acceptance of a Grant of Easement for Public Utilities over Hills and Dales Child Development Center as part of the Stoneman Road Reconstruction Project Copyrighted
February 6, 2023
City of Dubuque Consent Items # 021.
City Council Meeting
ITEM TITLE: Acceptance of a Grant of Easement for Public Utilities over 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 approval and acceptance of a
Grant of Easement for Public Utilities across Hills and Dales Child
Development Center property being 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, lowa, as part of the
Stoneman Road Reconstruction Project.
RESOLUTION Accepting a Grant of Easement for public utilities
through, over and across 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, 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
Grant of Easement Supporting Documentation
Agreement Supporting Documentation
Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Acceptance of a Grant of Easement for Public Utilities over Hills and Dales
Child Development Center property in Dubuque, lowa as part of the
Stoneman Road Reconstruction Project
DATE: January 31, 2023
City Engineer Gus Psihoyos is recommending City Council approval and acceptance of
a Grant of Easement for Public Utilities across Hills and Dales Child Development
Center property being 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 5t'' P.M., in the City of Dubuque,
lowa, as part of the Stoneman Road Reconstruction Project.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Dubuque
THE CITY OF �
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TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
DATE: January 30, 2023
RE: Acceptance of a Grant of Easement for Public Utilities over Hills and Dales Child
Development Center property in Dubuque, lowa as part of the Stoneman Road
Reconstruction Project
INTRODUCTION
The purpose of this memorandum is to seek approval and acceptance of a Grant of Easement
for Public Utilities across Hills and Dales Child Development Center property being 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 5t" P.M., in the City of Dubuque, lowa, 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. A 10' wide permanent utility easement off of the north
side of the recently built cul-de-sac will provide an area for future utility extensions. The City has
prepared the attached easement exhibit and Hills and Dales has executed the attached Grant
of Utility Easement.
RECOMMENDATION
I recommend accepting the Grant of Easement for Public Utilities from Hills and Dales Child
Development Center across 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 5t" P.M., in the City of Dubuque, lowa, as
shown on the attached Grant of Easement document to facilitate the construction of the
Stoneman Road Reconstruction Project and the installation of future utilities.
ACTION TO BE TAKEN
I respectfully request acceptance of the Grant of Easement for Public Utilities from Hills and
Dales Child Development Center 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'h Street Dubuque IA 52001 (563) 589 4270
Return to: Adrienne N. Breiffelder, City Clerk City of Dubuque 50 W. 13'" Street Dubuque IA 52001 (563) 589 4121
RESOLUTION NO. 26-23
ACCEPTING A GRANT OF EASEMENT FOR PUBLIC UTILITIES THROUGH,
OVER AND ACROSS 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 5T" P.M., IN THE CITY OF DUBUQUE, IOWA
Whereas, Hills and Dales Child Development Center has executed a Grant
of Easement for Public Utilities through, over and across 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.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby
approves of, accepts and consents to the Grant of Easement for Public Utilities
through, over and across part of 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, as shown on the Grant of Easement for Public Utilities,
from Hills and Dales Child Development Center, a copy of which is attached
hereto.
Section 2. The Mayor is hereby authorized and directed to execute and
acknowledge on behalf of the City of Dubuque any instruments in connection
herewith.
Section 3. The City Clerk is hereby authorized to and directed to record
this resolution and Grant of Easement for Public Utilities with the Dubuque County
Recorder.
Passed, approved, and adopted this 6th day of February, 2023.
Attest:
akce, r 117
Adrienne N. Breitfelder, City Clerk
Doc ID: 011065990006 Type: GEN
Kind: EASEMENT
Recorded: 02/08/2023 at 03:07:30 PM
Fee Amt: $32.00 Pape 1 of 6
Dubuque County Iowa
Karol Kennedy Recorder
File2023-0000 1 1 V
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563)589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 13' Street, Dubuque, Iowa 52001 (563)589-4270
GRANT OF EASEMENT FOR PUBLIC UTILITIES
For and in consideration of Ten and 00/100's Dollars ($10.00) and other good
and valuable consideration, HILLS AND DALES CHILD DEVELOPMENT
CENTER, an Iowa Corporation, ("Grantor") does hereby grant to the City of
Dubuque ("Grantee"), a municipal corporation, its agents and contractors, from
the date hereof, a right of way and easement through, under and across the
following described real estate situated in Dubuque County, Iowa, to wit:
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 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. Said Permanent
Public Utility Easement shall be for the purpose of constructing and maintaining
public utilities and other appurtenances, along with the right, privilege and
authority to construct, reconstruct, maintain, operate, repair, patrol and remove
said improvements. Said Permanent Public Utility 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 public utilities and
other appurtenances.
Grantor shall not erect any structure over or within the Permanent 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.
MG CITY ENGINEERING �'Lo°
To have and to hold unto the said City of Dubuque, Iowa, forever, and the
undersigned do hereby expressly covenant that they are the owners in fee of
said real estate and have good right to execute this agreement, and that the
Grantee, its agents or contractors, shall at all times have free access to and
egress from and over said real estate to maintain or repair said public utilities
thereon or therein.
Dated at Dubuque, Iowa this day o , 2023.
HILLS AND DALES CHILD
DEVELOPMENT CENTER
By:
Ric rd M cher, CEO
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
On this day of an(fal' , A.D., 2023 before me, the undersigned,
a Notary Public in and for said Cou ty, in said State, personally appeared Jacob
Richard Mescher, to me known to be the identical person(s) named in and who
executed the within and foregoing instrument, to which this is attached, and
acknowledged that they executed the same as their voluntary act and deed.
ANNA SIEBELS
f C My commission BExpires3l
� 3 � Notary Public In and For Said State
o March 27, 202
LOT 1 ROGER F. & KATHLEEN A. KLAUER FAMILY
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Prepared by: Nate Kieffer City of Dubuque 50 W. 13' Street Dubuque IA 52001 (563) 589-4270
Retum to: Adrienne N. Breiffelder, City Clerk City of Dubuque 50 W. 13'" Street Dubuque IA 52001 (563) 589-4121
RESOLUTION NO. 26-23
ACCEPTING A GRANT OF EASEMENT FOR PUBLIC UTILITIES THROUGH,
OVER AND ACROSS 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 5T" P.M., IN THE CITY OF DUBUQUE, IOWA
Whereas, Hills and Dales Child Development Center has executed a Grant
of Easement for Public Utilities through, over and across 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.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby
approves of, accepts and consents to the Grant of Easement for Public Utilities
through, over and across part of 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, as shown on the Grant of Easement for Public Utilities,
from Hills and Dales Child Development Center, a copy of which is attached
hereto.
Section 2. The Mayor is hereby authorized and directed to execute and
acknowledge on behalf of the City of Dubuque any instruments in connection
herewith.
Section 3. The City Clerk is hereby authorized to and directed to record
this resolution and Grant of Easement for Public Utilities with the Dubuque County
Recorder.
Passed, approved, and adopted this 6th day of February, 2023.
Brad-O.-Cavanagh, Mayor
Attest:
%
O,e� 11Q,, !/'
Adrienne N. Breitfelder, Oty 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. 26-23 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 7t" day of February, 2023.
Ay
Adrienne N. Breitfelder, City 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 �
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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 �
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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: ��/�/ /����
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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) �
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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
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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��
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MASt� 1eC� OYl t�1e �ZSS1S51 1 zoo��zolz=zois
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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
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EXHIB[T �
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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) �
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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__, ` _
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�� 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
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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�
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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 � � ! \
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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 � - �
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SHEEfTfTLE' �ES�GNPROFESSIONAL p�pIECTN6..
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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
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