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Reservation of Easements by the City of Dubuque, Iowa: Twin Ridge Sanitary Sewer Extension and Lagoon Abandonment Project - (CIP#7102754)City of Dubuque City Council Meeting Consent Items # 011. Copyrighted December 18, 2023 ITEM TITLE: Reservation of Easements by the City of Dubuque, Iowa: Twin Ridge Sanitary Sewer Extension and Lagoon Abandonment Project - (CIP#7102754) SUMMARY: City Manager recommending City Council adopt the resolution approving the reservation of two sanitary sewer utility easements across City owned property in the Dubuque Technology Park and in the Twin Ridge Subdivision as part of the Twin Ridge Sanitary Sewer Extension and Lagoon Abandonment Project. RESOLUTION Approving the Reservation of Easements by the City of Dubuque, Iowa in connection with the Twin Ridge Sanitary Sewer Extension and Lagoon Abandonment 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 Recorders Cover Sheet Supporting Documentation Easement Reservation Supporting Documentation Exhibit Supporting Documentation Exhibit B Supporting Documentation THE C Dubuque DUj!BQTE WAWca 914 Masterpiece on the Mississippi YP pp aoo�•o 13 zai7*20*�oi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Reservation of Easements by the City of Dubuque, Iowa Twin Ridge Sanitary Sewer Extension and Lagoon Abandonment Project (CIP#7102754) DATE: December 14, 2023 City Engineer Gus Psihoyos is recommending City Council adopt the resolution approving the reservation of two sanitary sewer utility easements across City owned property in the Dubuque Technology Park and in the Twin Ridge Subdivision as part of the Twin Ridge Sanitary Sewer Extension and Lagoon Abandonment 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 Nate Kieffer, PLS Maxwell O'Brien, Civil Engineer THE CITY OF DUB TE Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer DATE: December 13, 2023 Dubuque MI-Amedu City --"I 1Vl 11%41 2007,2012.2013 2017*2019 RE: Reservation of Easements by the City of Dubuque, Iowa Twin Ridge Sanitary Sewer Extension and Lagoon Abandonment Project (CIP#7102754) INTRODUCTION The purpose of this memorandum is to seek approval for the reservation of two sanitary sewer utility easements across City owned property in the Dubuque Technology Park and in the Twin Ridge Subdivision as part of the Twin Ridge Sanitary Sewer Extension and Lagoon Abandonment Project. BACKGROUND In 1998 the City began to extend sanitary sewer along Granger Creek, for the Dubuque Technology Park development. The Granger Creek Interceptor Sewer (GCSI) extension consisted of the Granger Creek Pump Station and approximately 17,600 LF of both 20 inch and 18" diameter pipe. In 2015, the City extended the interceptor sewer, continuing along Granger Creek and U.S. Highway 151/61, to the Dubuque Regional Airport. The GCIS extension increased Sewer Shed 4 to approximately 6,300 acres. Since the GCIS and the extension to the Dubuque Regional Airport has been completed, several adjacent areas in or near Key West have connected to the City's GCIS, such as; Table Mound Mobile Home park, Kerrigan Heights Subdivision, Truck Country, a portion of Twin Ridge Subdivision, and Silver Oaks Subdivision. Tamarack Business Park and the City's Crossroads Industrial Park, along with other adjacent parcels, are also able to be served by GCIS. The City of Dubuque submitted a facility plan, based on the results of an intensive evaluation of the existing interceptor collection and pumping systems that convey sewage to the Water Resource Recovery Center (WRRC), to Iowa Department of Natural Resources (IDNR), in September of 2021. The facility plan identified three improvement projects related to the Granger Creek Interceptor Sewer System; Granger Creek Lift Station Capacity Improvements, Twin Ridge Sanitary sewer Extension and lagoon abandonment and the Tamarack Sanitary Sewer Extension. The Twin Ridge Sanitary Sewer Extension and Lagoon Abandonment Project will extend the sanitary sewer gravity system and connect into the existing Twin Ridge Subdivision gravity sewer system along with abandoning the existing lagoon system. With the completion of this project the City will no longer need to permit to operate and maintain the lagoon system and the parcel, currently occupied by the lagoon system. This parcel would then be available for redevelopment. DISCUSSION The City of Dubuque plans to reserve sanitary sewer utility easements over the above -described properties, as set forth in the attached Reservation of Easements, as part of the Twin Ridge Sanitary Sewer Extension and Lagoon Abandonment Project and to ensure that the appropriate easements are in place prior to the future disposition of the property for redevelopment. RECOMMENDATION I recommend approval of the reservation of the two sanitary sewer utility easements across Lot 12, Block 2, Dubuque Technology Park, in the City of Dubuque, Iowa and Lot B of Twin Ridge Subdivision No. 5 in Dubuque County, Iowa, as shown on the attached Reservation of Easements document to facilitate the construction of the Twin Ridge Sanitary Sewer Extension and Lagoon Abandonment Project. ACTION TO BE TAKEN I respectfully request approval of the Reservation of Easements document through the adoption of the enclosed resolution. Prepared by Nate Kieffer, PLS cc: Maxwell O'Brien, Civil Engineer Prepared by: Nate Kieffer, City of Dubuque, 50 W. 130 Street, Dubuque, IA 52001 (563) 589-4270 Return to: Nate Kieffer Ci of Dubuque, 50 W. 131h Street Dubuque, IA 52001 563 589-4121 RESOLUTION NO. 405-23 APPROVING THE RESERVATION OF EASEMENTS BY THE CITY OF DUBUQUE, IOWA IN CONNECTION WITH THE TWIN RIDGE SANITARY SEWER EXTENSION AND LAGOON ABANDONMENT PROJECT WHEREAS, the City of Dubuque, Iowa is the owner of the following described real property in Dubuque County, Iowa: Lot 12, Block 2, Dubuque Technology Park, in the City of Dubuque, Iowa; and Lot B of Twin Ridge Subdivision No. 5 in Dubuque County, Iowa (the Property) ; and WHEREAS, the City of Dubuque, Iowa plans to reserve sanitary sewer utility easements over the above -described properties, as set forth in the attached Reservation of Easements, as part of the Twin Ridge Sanitary Sewer Extension and Lagoon Abandonment Project and to ensure that the appropriate easements are in place prior to the future disposition of the property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The Reservation of Easements by the City of Dubuque, Iowa, is hereby approved. Section 2. The City Clerk is hereby authorized and directed to record the Reservation of Easements by the City of Dubuque, Iowa with the Dubuque County Recorder. Passed, approved and adopted this 18t' day of December, 2023. Brad M v agh, Mayor Attest: Adrienne N. Breitfelder, City Clerk Doc ID: 011175470008 Type: GEN Kind: EASEMENT Recorded: 12/19/2023 at 02:51:42 PM Fee Amt: $42.00 Paqe 1 of 8 Dubuque CountV Iowa Karol Kennedy Recorder File2023-00011901 RECORDER'S COVER SHEET RESERVATION OF EASEMENTS Preparer Information: Nate Kieffer, City of Dubuque, Iowa, 50 West 13th St., Dubuque, Iowa 52001 Phone: (563) 589-4270 Taxpayer Information: City of Dubuque, Iowa, 50 West 13th Street, Dubuque, IA 52001 Return Document To: Adrienne N. Breitfelder, City of Dubuque, Iowa, 50 W. 13th Street, Dubuque, Iowa 52001 Phone: (563) 589-4100 Legal Description: Part of Lot 12, Block 2, Dubuque Technology Park, in the City of Dubuque, Iowa; and Part of Lot B of Twin Ridge Subdivision No. 5 in Dubuque County, Iowa Grantors: Grantees: City of Dubuque, Iowa City of Dubuque, Iowa 0 4Z0°�it y�Ch°Ji RESERVATION OF EASEMENTS BY THE CITY OF DUBUQUE, IOWA The City of Dubuque, Iowa, as owner of the following described real property located in Dubuque County, Iowa: Lot 12, Block 2, Dubuque Technology Park, in the City of Dubuque, Iowa; and Lot B of Twin Ridge Subdivision No. 5 in Dubuque County, Iowa Hereby reserves unto itself, its agents and employees, the easements shown on Exhibits A and B attached hereto as follows: A Permanent 30-Foot Wide Sanitary Sewer Utility Easement over Lot 12, Block 2, Dubuque Technology Park, in the City of Dubuque, Iowa. Said easement shall be as shown on the attached Exhibit A for the purpose of constructing and maintaining a sanitary sewer main utility and other appurtenances, along with the right, privilege, and authority to construct, reconstruct, maintain, operate, repair, patrol and remove said improvements. Said easement shall also include the right to cut, trim or remove trees, bushes and roots as may be required incident to rights given herein. It is understood and agreed that the City of Dubuque, Iowa shall restore the disturbed area due to the construction, maintenance, or repair of said sanitary sewer main and other appurtenances. Future property owners shall not erect any structure over or within the easement area without obtaining the prior written approval of the City Engineer. Future property owners 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. 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 City of Dubuque, Iowa, its agents or contractors, shall at all times have free access to and egress from and over said real estate to maintain or repair said sanitary sewer main utility thereon or therein. Said easement area shall be located as shown on Exhibit A attached hereto; and A Permanent 30-Foot Wide Sanitary Sewer Utility Easement over Lot B of Twin Ridge Subdivision No. 5 in Dubuque County, Iowa. Said easement shall be as shown on the attached Exhibit B for the purpose of constructing and maintaining a sanitary sewer main utility and other appurtenances, along with the right, privilege, and authority to construct, reconstruct, maintain, operate, repair, patrol and remove said improvements. Said easement shall also include the right to cut, trim or remove trees, bushes and roots as may be required incident to rights given herein. It is understood and agreed that the City of Dubuque, Iowa shall restore the disturbed area due to the construction, maintenance, or repair of said sanitary sewer main and other appurtenances. Future property owners shall not erect any structure over or within the easement area without obtaining the prior written approval of the City Engineer. Future property owners 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. 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 City of Dubuque, Iowa, its agents or contractors, shall at all times have free access to and egress from and over said real estate to maintain or repair said sanitary sewer main utility thereon or therein. Said easement area shall be located as shown on Exhibit B attached hereto. CITY OF DUBUQUE IOWA By: Brad M. Cavanagh, Mayor ATTEST: Adrienne N. Breitfelder, City Clerk STATE OF IOWA SS COUNTY OF DUBUQUE I ,� On this 1 day of fi)r— , 2023, before me a Notary Public in and for said County, personally appeared Brad M. Cavanagh and Adrienne N. Breitfelder to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Dubuque, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. 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Dubuque IA 52001 (563) 589-4270 Return to: Nate Kieffer, City of Dubuque 50 W. 13"' Street, Dubuque IA 52001 (563) 589-4121 RESOLUTION NO. 405-23 APPROVING THE RESERVATION OF EASEMENTS BY THE CITY OF DUBUQUE, IOWA IN CONNECTION WITH THE TWIN RIDGE SANITARY SEWER EXTENSION AND LAGOON ABANDONMENT PROJECT WHEREAS, the City of Dubuque, Iowa is the owner of the following described real property in Dubuque County, Iowa: Lot 12, Block 2, Dubuque Technology Park, in the City of Dubuque, Iowa; and Lot B of Twin Ridge Subdivision No. 5 in Dubuque County, Iowa (the Property) and WHEREAS, the City of Dubuque, Iowa plans to reserve sanitary sewer utility easements over the above -described properties, as set forth in the attached Reservation of Easements, as part of the Twin Ridge Sanitary Sewer Extension and Lagoon Abandonment Project and to ensure that the appropriate easements are in place prior to the future disposition of the property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The Reservation of Easements by the City of Dubuque, Iowa, is hereby approved. Section 2. The City Clerk is hereby authorized and directed to record the Reservation of Easements by the City of Dubuque, Iowa with the Dubuque County Recorder. Passed, approved and adopted this 181h day of December, 2023. Brad M vaAagh, Mayor Attest: Ai4 &"� 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. 405-23 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 19th day of December, 2023. , � 2, �/ A " *1" �' /' - Adrienne N. Breitfelder, City Clerk