Purchase Agreement for Temporary Detour Easement Across Lot 1 in Riverview Plaza No. 4 as Part of the Kerper Boulebard and Kerper Court Intersection Improvements ProjectCity of Dubuque
City Council Meeting
Consent Items # 013.
Copyrighted
March 20, 2023
ITEM TITLE: Purchase Agreement for Temporary Detour Easement Across Lot 1 in
Riverview Plaza No. 4 as Part of the Kerper Boulevard and Kerper Court
Intersection Improvements Project with HWY 151 & 61 Development,
LLC
SUMMARY: City Manager recommending City Council approval of a Purchase
Agreement with HWY 151 & 61, LLC for a temporary detour easement
across Lot 1 in Riverview Plaza No. 4, in the City of Dubuque, Iowa as
part of the Kerper Boulevard and Kerper Court Intersection
Improvements Project.
RESOLUTION Approving a Purchase Agreement Between the city of
Dubuque, Iowa and HWY 151 & 61 Development, LLC for a Temporary
Detour Easement Across Lot 1 in Riverview Plaza No. 4 in the city of
Dubuque Iowa as Part of the Kerper Boulevard and Kerper Court
Intersection Improvements Project
SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
MVM Memo City Manager Memo
Staff Memo Staff Memo
Resolution Resolutions
Agreement Supporting Documentation
THE CITY OF
Dubuque
DUj!BQTE
WAWca 914
Masterpiece on the Mississippi
2007-2012-2013
2017*2019
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Agreement with HWY 151 & 61, LLC
Temporary Detour Easement as part of the Kerper Boulevard and Kerper
Court Intersection Improvements Project
DATE: March 9, 2023
City Engineer Gus Psihoyos is recommending City Council approval of a Purchase
Agreement with HWY 151 & 61, LLC for a temporary detour easement across Lot 1 in
Riverview Plaza No. 4, in the City of Dubuque, Iowa as part of the Kerper Boulevard
and Kerper Court Intersection Improvements Project.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micl�ael C. Van Milligen
MCVM-sV
Attachment
CC' Crenna Brurnwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Nate Kieffer, Land Surveyor
THE CITY OF
D I U�TB TE
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
Dubuque
AII-AmericaCl�
2GO7-2012-2013
2017*2019
SUBJECT: Agreement with HWY 151 & 61, LLC
Temporary Detour Easement as part of the Kerper Boulevard and Kerper
Court Intersection Improvements Project
DATE: March 8, 2023
INTRODUCTION
The purpose of this memorandum is to request City Council approval of a Purchase
Agreement with HWY 151 & 61, LLC (HWY 151) for a temporary detour easement
across Lot 1 in Riverview Plaza No. 4, in the City of Dubuque, Iowa as part of the
Kerper Boulevard and Kerper Court Intersection Improvements Project.
BACKGROUND
Per City Council Resolution No. 387-22, the City of Dubuque has entered into an
agreement with Kwik Trip, Inc. (KTI) for the construction of certain improvements at the
intersection of Kerper Boulevard and Kerper Court. Per the Agreement, the City is
requiring that KTI be responsible for one-half, but to exceed $750,000, of the estimated
$1,500,000 cost for the design and construction of the roundabout intersection,
including right of way acquisition. The City will design, construct, and conduct right of
way acquisition for the project. The intersection improvements will include a two-lane
roundabout intersection with street lighting, sidewalk, and underground utilities and
other appurtenances. The City will own and operate the off -site public street
intersection (roundabout) improvements. The City will start on the design and
construction of the project immediately after the Agreement is executed by the City and
KTI. KTI has agreed, at no cost to City, to dedicate to the City all street right-of-way
necessary for the construction of the roundabout improvements. KTI plans to begin
construction of the proposed private site improvements in the Spring of 2024 and to be
open for business by December of 2024. The City will construct and have the
roundabout intersection operational prior to the opening of the Convenience Store/Gas
Station business.
DISCUSSION
The City is currently in the planning and preliminary design phase of the intersection
improvements project, in particular the construction staging and detour planning. In
order to reduce the time to construct the intersection improvements and limit disruption
to the traffic on Kerper Boulevard and Kerper Court, the City is proposing to construct a
temporary detour roadway through the HWY 151 property connecting Kerper Court at
its west end to 16 th Street. The detour will allow Kerper Court to be closed at its
intersection with Kerper Boulevard during construction and allow traffic access to the
Kerper Boulevard properties/businesses via 16th Street and detour roadway.
The City of Dubuque has negotiated a Purchase Agreement, subject to City Council
approval, with Hwy 151 for a temporary detour easement thru Lot 1 in Riverview Plaza
No. 4 in the City of Dubuque, Iowa to construct and use said detour roadway for the
duration of the intersection improvements project. A copy of the Purchase Agreement
executed by HWY 151 is attached.
RECOMMENDATION
I recommend that the City approve the Purchase Agreement with HWY 151 for a
temporary detour easement across Lot 1 in Riverview Plaza No. 4, in the City of
Dubuque, Iowa as part of the Kerper Boulevard and Kerper Court Intersection
Improvements Project per the terms of the attached Purchase Agreement.
ACTION TO BE TAKEN
I respectfully request adoption of the attached resolution approving said Purchase
Agreement and authorizing the City Manager to execute said Purchase Agreement.
Attach.
Prepared by: Nate Kieffer, PE/PLS
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13" Street, Dubuque, IA 52001 (563) 589-4270
Return to� Adr[enne Breitfelder, City Clerk City of Dubuque, 50 W. 1 3"� Street, Dubugue, IA 52001 (563) 589-4270
RESOLUTION NO. 69-23
APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA
AND HWY 151 & 61 DEVELOPMENT, LLC FOR A TEMPORARY DETOUR EASEMENT
ACROSS LOT 1 IN RIVERVIEW PLAZA NO. 4 IN THE CITY OF DUBUQUE IOWA AS
PART OF THE KERPER BOULEVARD AND KERPER COURT INTERSECTION
IMPROVEMENTS PROJECT
WHEREAS, per Resolution No. 387-22 the City of Dubuque has entered into an
agreement with Kwik Trip, Inc. (KTI) for the construction of certain improvements at the
intersection of Kerper Boulevard and Kerper Court; and
WHEREAS, HWY 151 & 61 Development LLC is the owner of property between
Kerper Boulevard and 16th Street, being the former Dubuque Packing site, legally described
as Lot I in Riverview Plaza No. 4 in the City of Dubuque, Iowa; and
WHEREAS, in order to reduce the time to construct the intersection improvements
and limit disruption to the traffic on Kerper Boulevard and Kerper Court, the City is proposing
to construct a temporary detour roadway through the HWY 151 & 61 Development, LLC
property connecting Kerper Court at its west end to 16th Street. The detour will allow Kerper
Court to be closed at its intersection with Kerper Boulevard during construction and allow
traffic access to the Kerper Boulevard properties/businesses via 16th Street and detour
roadway; and
WHEREAS, the City of Dubuque has negotiated a Purchase Agreement, subject to
City Council approval, with Hwy 151 & 61 Development, LLC for a temporary detour
easement thru Lot 1 in Riverview Plaza No. 4 in the City of Dubuque, Iowa to construct and
use said detour roadway for the duration of the intersection improvements project; and
WHEREAS, the City Council finds that it is in the best interest of the City of Dubuque
to approve the Purchase Agreement attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The Purchase Agreement attached hereto is hereby approved.
Section 2. The City Manager is authorized and directed to execute the Purchase
Agreement on behalf of the City of Dubuque and to take such action as may be necessary
to carry out the terms of the Purchase Agreement.
Passed, Approved, and Adopted this 20th day of March, 2023.
Brad M. C-9�6naglh, Mayor
Attest:
Adrienne N. Breitfelder, CIVIC City Clerk
PURCHASE AGREEMENT
FOR
TEMPORARY DETOUR EASEMENT
PARCEL NO. .1119101033
COUNTY Dubuque
PROJECT NO. Kerper & Kerper Roundabout
ROAD NO. Kerper Ct./1 6th
SELLER Highway 151 & 61 Development, LLC
THIS AGREEMENT, made and entered into this 21 St day of March 2023, by
and between Seller and the City of Dubuque (Buyer).
SECTION 1. SELLER AGREES to sell and furnish to Buyer a conveyance document,
on form(s) furnished by Buyer, and Buyer agrees to buy a Temporary (non-exclusive)
Detour Access easement with respect to the following real estate, hereinafter referred to
as the premises, situated in parts of the following:
LOT 1 IN RIVERVIEW PLAZA NO. 4, CITY OF DUBUQUE, IOWA
SECTION 2. SELLER agrees to grant to Buyer temporary easement as described on
the legal document titled 'Grant of Temporary Detour Easement'. Said Temporary Detour
Easement, whose area is approximately 1,000' in length by 40' in length, is required as
part of the Kerper Boulevard and Kerper Court Roundabout project. The project
construction staging plan includes the closure of Kerper Court at its intersection with
Kerper Boulevard and during this time the Kerper Court traffic will be detoured to and
from Kerper Court thru the premises to and from 16th Street as conceptually shown on
the concept plan attached as Exhibit A. A temporary detour roadway is proposed to be
constructed within the easement and shall consist of a 27'wide 2" deep asphaltic concrete
roadway. Temporary detour may also include temporary lighting, signage, and
appurtenances as necessary. Said Temporary Detour Easement is anticipated for use
commencing August 1, 2023 and shall terminate upon completion of this project which is
anticipated on November 1, 2023. The Grant of Temporary Detour Easement shall be
substantially in the draft form attached as Exhibit B.
SECTION 3. SELLER CONSENTS to the change of grade of the site in accordance
with the plans and specifications provided to Seller from Buyer as of the date hereof, and
accepts payment under this agreement for any and all damages arising therefrom.
SELLER ACKNOWLEDGES full settlement and payment from Buyer for all claims per the
terms of this agreement and discharges Buyer from liability because of this agreement
and the construction of this public improvement project except for SELLER'S performance
under this agreement or the easements referred to herein.
SECTION 4. Possession of the premises is the essence of this agreement and Buyer
may enter and assume full use and enjoyment of the premises per the terms of this
agreement. SELLER GRANTS Buyer the immediate right to enter the premises for the
purpose of gathering survey, gathering soil data, and constructing public improvements.
SELLER MAY surrender possession of the premises or building or improvement or any
part thereof prior to the time at which it has hereinafter agreed to do so, and agrees to
give Buyer ten (110) days notice of Seller's intention to do so by calling Buyer.
Buyer agrees to pay and SELLER AGREES to grant the easement as shown on or before
the dates listed below.
PAYMENT AMOUNT AGREED PERFORMANCE DATE OF PERFORMANCE
$5,800 on delivery of easement
$5,800 TOTAL LUMP SUM
SECTION 5. SELLER WARRANTS that there are no tenants on the premises holding
under lease except: (none)
SECTION 6. This agreement is subject to final approval by the Dubuque City Council.
SECTION 7. These premises are being acquired for public purposes and this transfer
is exempt from the requirements for the filing of a Declaration of Value by the Code of
Iowa.
SECTION 8. This written agreement constitutes the entire agreement between Buyer
and Seller and there is no agreement to do or not to do any act or deed except as
specifically provided for herein.
SECTION 9. After construction is complete, Buyer shall, at its expense, return the
temporary easement area to a condition that is as close as possible to the condition of
the land as existed prior to Buyer's construction, including but not limited to grading
necessary to restore such areas. Seller reserves the right to keep the temporary detour
roadway improvements at its discretion.
SECTION 10. Buyer shall construct a permanent curb cut on the south side of the Kerper
Court Cul-de-sac, to City Standards, to provide access to Seller's real estate and take
such action as necessary or appropriate to grant Seller's real estate permanent access
to Kerper Court.
SECTION 11. Detour shall be only for use for access to and from the properties on
Kerper Court.
SECTION 12. Buyer shall also maintain, repair and restore, at its own cost and expense,
the Temporary Detour Easement area to the extent such maintenance, repair or
restoration arises out of Buyer's use of these areas and/or their use by the public for
ingress and egress. After the close of all construction activity, Buyer agrees to restore
these areas to as close to their original condition or to a better condition. Buyer shall
indemnify and hold harmless Seller from any and all claims, demands, and causes of
action, whether in law or in equity, judgments, liens, fines, penalties, costs and expenses
(including court costs and reasonable attorneys' fees), liability, loss or damage arising,
directly or indirectly, or wholly or in part, from Buyer's negligent act or omission in
connection with its use of any of the easement areas, except to the extent any such
claims, demands, suits and cause of action, whether in law or equity, judgments, fines,
penalties, costs and expenses (including court costs and reasonable attorneys' fees),
liability, loss or damage are caused by the negligence or wrongful act of Seller.
CITY OF DUBUQUE, IOWA HWY 161 & 61 DEVELOPMENT, LLC
By: ( A,��
By: 64-Af!i-- I'l I
MiC64ai—C. Van Milligen' Name:
City Manager Its..
Attest:
. a, 2 �� /I �. 9� 2-v� -
Adrienne N. Breitfelder, C4 Clerk
THE MY OF (7--�
D-U—BbijUE-
Masterpiece on the Mississippi
Dubuque
All America City
Insert Title 11111.F
200-012 20 3
Insert Subtitle 2017*2 - 01 1 9
A.
r
4 9f, R
4
4IlllllCll`� 4Z-
T
DISCIL IMER: Th—,fi—ate, a,—p,1,d
Using 11' 1111q11 Ae, G-goph, Information 5ystm
(ig"G,S), , ch rc, �das data created by both the City of
Dult,q,,c and D,b,q,,e Co-ty. It,s rda,stood that, while
the City of D,b,q=tpa,bcIpatmg agencies utllh,ed the
most current and a nfomnabon -aflable, DAGIS and
It's sulpiphe " do not warrant the acc—ey 0, currency of the
Information or data contained herein. The City and participating
agencies shall n ot be hold liable for any direct, Ind I rect, I ncidental,
.nse,uentlal, punit—, 0, special damages, whether fore —able or
unfo =eable, arls Ing �,,t of the a.tho,.ed or unauthori.ed use of
this or the Inability to use this data or out of any breach of
warranty whataoeven
1 inch = 400 feet
10050 0 100 200 300 400 Feet
Ity Ul
I W
N Map Prepared by:
City of Dubuque
Engineering Division
W E 50 West 13th Street
Dubuque, Iowa 52001
+ Phone: (563) 589-4270
S Fax: (563) 589-4205
WA:1111:11M]
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13LI Street, Dubuque, Iowa 52001 (563)589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563)589-4270
GRANT OF TEMPORARY EASEMENT FOR DETOUR
For and in consideration of the sum of Ten Dollars ($10.00) and other good and
valuable consideration, the receipt whereof is hereby acknowledged,
HWY 151 & 61 Development, LLC (Grantor)
of Dubuque County, State of Iowa, for itself, its successors and assigns, does
hereby grant, sell, and convey to the CITY OF DUBUQUE, IOWA (Grantee), a
municipal corporation, from the date hereof, a temporary (non-exclusive) detour
easement for the Kerper Blvd. and Kerper Ct. Roundabout Project through, under
and across the following described real estate situated in Dubuque, Iowa, to wit:
Part of Lot 1 in Riverview Plaza No. 4, in the City of Dubuque, Iowa
The Easement Area shall be as conceptually shown on the attached Exhibit A
and is for the purpose of:
Construction of a temporary paved roadway, lighting signage, and appurtenance
and for providing access for detoured Kerper Court traffic to and from 16th Street
and to and from Kerper Court as part of the Kerper Blvd. and Kerper Ct.
Roundabout Project in accordance with the plans and specifications on file in the
office of the City Engineer.
It is understood and agreed that Grantee shall protect existing structures,
pavement and utilities in the Easement Area.
Grantor shall not erect any structure or park or store equipment in the Easement
Area during the specified period of use by Grantee that will inhibit the use and
access of Grantee.
Grantee shall provide 30 days prior notice to Grantor when the easement will be
utilized, providing approximate beginning and end dates.
Grantor shall not change the grade, elevation, contour or perform any
construction or excavation in the Easement Area that will inhibit Grantee's access
and the ability to use the easement without the prior written approval of Grantee.
It is understood and agreed that Grantee herein shall restore the Easement Area
to its original condition if it becomes disturbed or damaged upon completion of
the construction project, and the easement shall terminate upon project
completion and acceptance by the City of Dubuque City Council but no later than
November 1, 2023.
The Easement Area contains approximately 40,000 square feet of land, more or
less, as shown on Exhibit A.
The undersigned does hereby expressly covenant that Grantor is the owner in
fee of the real estate and has good title to the real estate, and that Grantee, its
agents or contractors, shall at all times have free access to and egress from and
over said real estate while the easement is in effect.
Dated at Dubuque, Iowa this day of 2023.
HWY 151 & 61 DEVELOPMENT, LLC
0
Wayne A. Briggs, President
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
On this day of ' A.D., 2023 before me, the undersigned,
a Notary Public in and for said County, in said State, personally appeared
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.
Notary Public In and For Said State
THE MY OF (7--�
D-U—BbijUE-
Masterpiece on the Mississippi
Dubuque
All America City
Insert Title 11111.F
200-012 20 3
Insert Subtitle 2017*2 - 01 1 9
A.
r
4 9f, R
4
4IlllllCll`� 4Z-
T
DISCIL IMER: Th—,fi—ate, a,—p,1,d
Using 11' 1111q11 Ae, G-goph, Information 5ystm
(ig"G,S), , ch rc, �das data created by both the City of
Dult,q,,c and D,b,q,,e Co-ty. It,s rda,stood that, while
the City of D,b,q=tpa,bcIpatmg agencies utllh,ed the
most current and a nfomnabon -aflable, DAGIS and
It's sulpiphe " do not warrant the acc—ey 0, currency of the
Information or data contained herein. The City and participating
agencies shall n ot be hold liable for any direct, Ind I rect, I ncidental,
.nse,uentlal, punit—, 0, special damages, whether fore —able or
unfo =eable, arls Ing �,,t of the a.tho,.ed or unauthori.ed use of
this or the Inability to use this data or out of any breach of
warranty whataoeven
1 inch = 400 feet
10050 0 100 200 300 400 Feet
Ity Ul
I W
N Map Prepared by:
City of Dubuque
Engineering Division
W E 50 West 13th Street
Dubuque, Iowa 52001
+ Phone: (563) 589-4270
S Fax: (563) 589-4205