The URL can be used to link to this page

Acceptance of a Grant of Public Utility Easement and Dedications of Right of Way across Dubuque Community School District Property as part of the Althauser Street Watermain and Sanitary Sewer Reconstruction ProjectCity of Dubuque City Council Meeting Consent Items # 08. Copyrighted April 1, 2024 ITEM TITLE: Acceptance of a Grant of Public Utility Easement and Dedications of Right of Way across Dubuque Community School District Property as part of the Althauser Street Watermain and Sanitary Sewer Reconstruction Project SUMMARY: City Manager recommending City Council adopt a resolution accepting the Grant of Public Utility Easement from Dubuque Community School District and approval of the Acquisition Plats for Althauser Street Watermain and Sanitary Sewer Reconstruction project and acceptance of the dedications of said parcels for Right of Way for street and utility purposes through the adoption of the enclosed resolution. RESOLUTION Accepting a Grant of Public Utility Easement and Dedications of Right of Way along Althauser Street and Eagle Street as part of the Althauser Street Watermain and Sanitary Sewer Reconstruction Project, in the City of Dubuque, Iowa SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type MVM Memo City Manager Memo Staff Memo Staff Memo Resolution Resolutions ROW ded 1 Supporting Documentation ROW ded 2 Supporting Documentation Althauser Easement Supporting Documentation CC approval res Supporting Documentation THE CITY OF Dubuque DUB TEE1. All -America City Masterpiece on the Mississippi � pp zoo�•*o 13 zoi720zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Acceptance of a Grant of Public Utility Easement and Dedications of Right of Way across Dubuque Community School District Property as part of the Althauser Street Watermain and Sanitary Sewer Reconstruction Project DATE: March 26, 2024 City Engineer Gus Psihoyos is recommending City Council adopt a resolution accepting the Grant of Public Utility Easement from Dubuque Community School District and approval of the Acquisition Plats for Althauser Street Watermain and Sanitary Sewer Reconstruction project and acceptance of the dedications of said parcels for Right of Way for street and utility purposes through the adoption of the enclosed resolution. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen L [yTI L WA Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Nate Kieffer, PE/PLS THE CITY F DUT�BQTE Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer Dubuque AII•America City �CAKII. 2ao7-2012t2013 2017*2019 SUBJECT: Acceptance of a Grant of Public Utility Easement and Dedications of Right of Way across Dubuque Community School District Property as part of the Althauser Street Watermain and Sanitary Sewer Reconstruction Project DATE: March 21, 2024 INTRODUCTION The purpose of this memorandum is to seek acceptance of a grant of easement for public utilities and dedications of right of way from Dubuque Community School District (DCSD) related to the proposed Althauser Street Watermain and Sanitary Sewer Reconstruction project. BACKGROUND The existing water main on Althauser Street near Jefferson Middle School was constructed in 1922. The water main on this section of street has had a significant number of water main breaks in recent years. The water main is an old cast iron main that is at the end of its useful life. Additionally, public works staff televised the sanitary sewer main in the area. This pipe was constructed in 1924 and is also at the end of its useful life. Sewer camera video shows multiple sags and breaks in the sewer main. DISCUSSION The Althauser Street Watermain and Sanitary Sewer Reconstruction Project includes the reconstruction of an existing 6" clay sanitary sewer with 8" PVC sanitary sewer. The project also includes the reconstruction of an existing 6" cast iron water main with 6" DR-14 PVC watermain. New fire hydrants and associated main line valves will be replaced. Lead water services will be replaced from the main to the house with new copper services. Sanitary Sewer laterals will be replaced from the main to the right of way line. As a result of the utility replacement in the street, extensive street pavement, curb and gutter and some sidewalk will be replaced. ADA ramps at Althauser Street and Eagle Street and Althauser Street and Merz Street will be replaced. The construction is planned to occur in the summer of 2024 and be complete prior to school starting that fall. The project is adjacent to Jefferson middle School on the east side of the school. Engineering and Water Department staff are coordinating with the school district and adjacent property owners. Because some of the existing and proposed public utilities in the project area are located within property owned by DCSD, certain easements and right of way acquisitions are necessary for construction and long-term ownership and maintenance of said utilities. In addition to this, several existing and proposed public sidewalks and associated curb ramps in the project area are located within DCSD private property and should be located within a public street right of way. The Purchase Agreement provides for the acquisition of easements and rights of way to address these issues. Per Resolution 2-24, the City approved a Purchase Agreement with DCSD for the right of way and easement acquisitions associated with the project. The attached Grant of Public Utility Easement shows the location of the easement across DCSD property. DCSD has executed the grant of easement. MSA has prepared the acquisition plats to provide the right of way areas. The areas being platted will be dedicated by DCSD to the public for street and utility purposes. DCSD has executed the dedication plats. RECOMMENDATION I recommend accepting the Grant of Public Utility Easement through, under and across Part of Lot 6 of Althauser's Subdivision of Lot 2 of Lot 1 and Part of Lot 1 of Lot 1 of Mineral Lot Number 474, Located in the Northeast Quarter of the Southeast Quarter of Section 13, Township 89 North, Range 2 East of the 5ht Principal Meridian, City of Dubuque, Dubuque County, Iowa, as shown on attached Grant of Easement. I recommend that the City Council approve the attached Acquisition Plat of Parcel 1-F Being a Part of Lot 1 of Althauser's Subdivision and Part of the Alley Vacated in Book A2, Page 552 and Part of Lot 2 of the Subdivision of Mineral Lot Number 472 and Part of Lot 33 of Taylor and Cooley's Subdivision of a Part of Mineral Lot No. 472, in the City of Dubuque, Iowa and the attached Acquisition Plat of Parcel 2-F Being a Part of Lots 1- 9 of Althauser's Subdivision, in the City of Dubuque, Iowa, which provide additional right of way needed for the Althauser Street Watermain and Sanitary Sewer Reconstruction project. ACTION TO BE TAKEN I respectfully request acceptance of the Grant of Public Utility Easement from DCSD through the adoption of the enclosed resolution. I respectfully request approval of the Acquisition Plats for Althauser Street Watermain and Sanitary Sewer Reconstruction project and acceptance of the dedications of said parcels for Right of Way for street and utility purposes through the adoption of the enclosed resolution. FTIV M 111 Prepared by: Nate Kieffer, PE/PLS cc: Bob Schiesl, Assistant City Engineer Jon Dienst, CE 11 Prepared by: Nate Kieffer, Clty 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. 69-24 ACCEPTING A GRANT OF PUBLIC UTILITY EASEMENT AND DEDICATIONS OF RIGHT OF WAY ALONG ALTHAUSER STREET AND EAGLE STREET AS PART OF THE ALTHAUSER STREET WATERMAIN AND SANITARY SEWER RECONSTRUCTION PROJECT, IN THE CITY OF DUBUQUE, IOWA WHEREAS, as part of the Althauser Street Watermain and Sanitary Sewer Reconstruction Project, certain rights of way and easement acquisitions are necessary for the future ownership and maintenance of the existing and proposed public utilities along Althauser Street and Eagle Street; and WHEREAS, certain areas of existing public sidewalk and associated curb ramps in the project area are located within property owned by Dubuque Community School District along Althauser Street and Eagle Street and by City standards should be located within a public street right of way; and WHEREAS, the City of Dubuque (City) and the Dubuque Community School District (DCSD) have agreed that the right of way and easement acquisitions are necessary for the construction project, long-term maintenance of the public utilities, and to ensure that the public sidewalks are located within public street rights of way; and WHEREAS, per Resolution 2-24, the City approved a Purchase Agreement, with DCSD for the right of way and easement acquisitions associated with the project; and WHEREAS, DCSD has executed a Grant of Public Utility Easement through, under and across Part of Lot 6 of Althauser's Subdivision of Lot 2 of Lot 1 and Part of Lot 1 of Lot 1 of Mineral Lot Number 474, Located in the Northeast Quarter of the Southeast Quarter of Section 13, Township 89 North, Range 2 East of the 5ht Principal Meridian, City of Dubuque, Dubuque County, Iowa; and WHEREAS, there has been presented to the City Council of the City of Dubuque, Iowa, Acquisition Plats dated February 15, 2024 prepared by MSA describing Parcel 1-F Being a Part of Lot 1 of Althauser's Subdivision and Part of the Alley Vacated in Book A2, Page 552 and Part of Lot 2 of the Subdivision of Mineral Lot Number 472 and Part of Lot 33 of Taylor and Cooley's Subdivision of a Part of Mineral Lot No. 472, in the City of Dubuque, Iowa and describing Parcel 2-F Being a Part of Lots 1-9 of Althauser's Subdivision, in the City of Dubuque, Iowa; and WHEREAS, said plats conform to the laws and statutes pertaining thereto; and WHEREAS, upon said plats appear Parcels 1-F and 2-F, which DCSD by said plat has dedicated to the public forever. 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 Public Utility Easement through, under and across Part of Lot 6 of Althauser's Subdivision of Lot 2 of Lot 1 and Part of Lot 1 of Lot 1 of Mineral Lot Number 474, Located in the Northeast Quarter of the Southeast Quarter of Section 13, Township 89 North, Range 2 East of the 5ht Principal Meridian, City of Dubuque, Dubuque County, Iowa from DCSD, a copy of which is attached hereto. Section 2. That the plats dated February 15, 2024 prepared by MSA and describing Parcels 1-F and 2-F, relative to the real estate hereinabove described be and the same are hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plats and on behalf of the City of Dubuque, Iowa. Section 3. That the dedications of said Parcels 1-F and 2-F, of Right of Way for street and utility purposes, as appears on said Acquisition Plats, be and the same are hereby accepted. Section 4. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Section 4. That the City Clerk be and is hereby authorized and directed to file said easement and plats and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 1 st of April 2024. Brad avanagh, Mayor Attest: &V�,d Adrienne N. Breitfelder, City Clerk Doc ID: 011206540006 Type: GEN Kind: EASEMENT Recorded: 04/03/2024 at 02:33:02 PM Fee Amt: $32.00 Page 1 of 6 Dubuque County Iowa Karol Kennedv Recorder File2024-00002700 Prepared by: Nate Kieffer. City of Dubuque. 50 W. 13<" 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 PUBLIC UTILITY EASEMENT For and in consideration of the One Dollar ($1.00) and other good and valuable consideration, DUBUQUE COMMUNITY SCHOOL DISTRICT, an Iowa School 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 6 of Althauser's Subdivision of Lot 2 of Lot 1 and Part of Lot 1 of Lot 1 of Mineral Lot Number 474, Located in the Northeast Quarter of the Southeast Quarter of Section 13, Township 89 North, Range 2 East of the 5ht Principal Meridian, City of Dubuque, Dubuque County, Iowa, as shown on Exhibit A attached hereto and by reference made a part hereof. Said easement shall be as shown on the attached Exhibit A. Said 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 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 Public Utility 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. 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 IS0, day of /ga:rJh , 2024. DUBUQUE COMMUNITY SCHOOL DISTRICT By: V64= Kathrin A. Parks, President Board of Education NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this $� 'h day of Ma-.,J\ , A.D., 2024 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Kathryn A. Parks, School Board President of the Dubuque Community School District, 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 Publi In and For Said State CAROLYN MAUSS Comission Number 833187 m _ My Commission Expires July 16, 2024 EXHIBIT A INDEX LEGEND LOCATION: LOT 6 OF ALTHAUSER'S SUBDIVISION OF LOT 2 OF LOT 1 AND PART OF LOT 1 OF LOT 1 OF MINERAL LOT NUMBER 474, LOCATED IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH PRINCIPAL MERIDIAN, CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA REQUESTOR: CITY OF DUBUQUE, IOWA, 50 W 13TH ST. DUBUQUE, IA 52001 PROPRIETOR: DUBUQUE COMMUNITY SCHOOL DISTRICT (JEFFERSON JUNIOR HIGH), 2300 CHANEY RD, DUBUQUE, IA 52001 SURVEYOR COMPANY: MSA PROFESSIONAL SERVICES INC., 400 ICE HARBOR DRIVE, SUITE 110, DUBUQUE, IA 52001 RETURN TO: JOHN DEWEY, MSA PROFESSIONAL SERVICES INC., 400 ICE HARBOR DRIVE, SUITE 110. DUBUQUE, IA, 52001 DESCRIPTION OF PERMANENT PUBLIC UTILITY EASEMENT: PART OF LOT 6 OF ALTHAUSER'S SUBDIVISION OF LOT 2 OF LOT 1 AND PART LOT 5 OF LOT 1 OF LOT 1 OF MINERAL LOT NUMBER 474, LOCATED IN THE 1 NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, 1 RANGE 2 EAST OFTHE CITY OF IQUEP 89 NDUB000E ER,S 10'x10' PUBLIC UTILITY COUNTY, WAORTH, ODUBUQUE, MOREHPARTICULARLYPNCIPALRDESCR BED ALTHAUS 1 AS FOLLOWS: 1 EASEMENT AREA COMMENCING AT THE SOUTHEAST CORNER OF LOT 9 OF SAID ALTHAUSER'S SUBDIVISION OF LOT 2 OF LOT 1 AND PART OF LOT 1 OF LOT 1 OF MINERAL L13 LOT NUMBER 474; THENCE NORTH 08 DEGREES 17 MINUTES 19 SECONDS EAST ALONG THE EAST LINE OF LOTS 6-9 OF SAID ALTHAUSER'S SUBDIVISION J v OF LOT 2 OF LOT 1 AND PART OF LOT 1 OF LOT 1 OF MINERAL LOT NUMBER 474 A DISTANCE OF 185.00 FEET; THENCE NORTH 81 DEGREES 42 MINUTES 41 L11' — SECONDS WEST A DISTANCE OF 17.00 FEET TO THE POINT OF BEGINNING; 110 THENCE CONTINUING NORTH 81 DEGREES 42 MINUTES 41 SECONDS WEST A DISTANCE OF 10.00 FEET; THENCE NORTH 08 DEGREES 17 MINUTES 19 LOT 6 SECONDS EAST PARALLEL WITH THE EAST LINE OF SAID LOT 6 A DISTANCE 1 OF 10.00 FEET; THENCE SOUTH 81 DEGREES 42 MINUTES 41 SECONDS EAST A DISTANCE OF 10.00 FEET; THENCE SOUTH 08 DEGREES 17 MINUTES 19 SECONDS WEST PARALLEL WITH THE EAST LINE OF SAID LOT 6 A DISTANCE 1 POINT OF BEGINNING OF 10.00 FEET TO THE POINT OF BEGINNING. 1 CONTAINING 100 SQUARE FEET (0.002 ACRES) MORE OR LESS. — 1 LINE BEARING LENGTH L10 NSI'47419E 1700' 111 Nel'474M 10.00' L12 NOe'17'19'E 1000' L13 Sel'42'41'E 16W L14 SOe'17'1rW 10,W 1 � 1 W W 1 1 y w 1 g y LEGEND _ LOT 7 i Q BOUNDARY LINE _ J RIGHT OF WAY LINE — — — — — — — — — — — -PLATTED LINE LOT I -------------------------- - BOUNDARY TIE 1 Z BEARING BASED ON IOWA STATE PLANE COORDINATE SYSTEM NAD 83, NORTH ZONE. GRAPHIC SCALE 0 30 60 1 INCH = 30 US FEET EASEMENT EXHIBIT ALTHAUSER AND EAGLE STS. WATERMAIN CITY OF DUBUQUE DUBUQUE COUNTY, IOWA PROJECT No: oo.aow Pe: PILE T i PROJECT DATE: IMW3 PLOTDATE: TI l 11 OMWN by, SRe CHECNE➢�V En FJMSA 1 1 SUBDIVISION 1 RIGHT-OF-WAY TO BE y ` ACQUIRED BY OTHER LOT 9 1 DOCUMENT 1 4O' 1 1 / �•��0 LAND SV'•� U JOHN i O j i DEWEY ; p 23252 0 W SOUTHEAST CORNER MERZ STREET LOT 9 OF ALTHAUSER'S SUBDIVISION I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT AS PREPARED AND THE RELATED SURVEY K WAS PERFORMED BY ME OR UNDER MY DIRECT O L SUPERVISION AND THAT I AM DULY LICEN SURVEYOR UNDER THE LAWS OF THE STATE F O JOH WEY UAIt LIC SE NO M LICENSE RENEWAL DATE IS DECEMBER 31, 2023 PAGES OR SHEETS COVERED BY THIS SEAL: 1 OF 1 Preoared by: Nate Kieffer. City of Dubuque, 50 W. 131" Street, Dubuque, IA 52001 (563) 589-4270 Retum to: Nate Kieffer, City of Dubuque. 50 W. 1311 Street, Dubuque IA 52001 (5631589-4270 RESOLUTION NO. 69-24 ACCEPTING A GRANT OF PUBLIC UTILITY EASEMENT AND DEDICATIONS OF RIGHT OF WAY ALONG ALTHAUSER STREET AND EAGLE STREET AS PART OF THE ALTHAUSER STREET WATERMAIN AND SANITARY SEWER RECONSTRUCTION PROJECT, IN THE CITY OF DUBUQUE, IOWA WHEREAS, as part of the Althauser Street Watermain and Sanitary Sewer Reconstruction Project, certain rights of way and easement acquisitions are necessary for the future ownership and maintenance of the existing and proposed public utilities along Althauser Street and Eagle Street; and WHEREAS, certain areas of existing public sidewalk and associated curb ramps in the project area are located within property owned by Dubuque Community School District along Althauser Street and Eagle Street and by City standards should be located within a public street right of way; and WHEREAS, the City of Dubuque (City) and the Dubuque Community School District (DCSD) have agreed that the right of way and easement acquisitions are necessary for the construction project, long-term maintenance of the public utilities, and to ensure that the public sidewalks are located within public street rights of way; and WHEREAS, per Resolution 2-24, the City approved a Purchase Agreement, with DCSD for the right of way and easement acquisitions associated with the project; and WHEREAS, DCSD has executed a Grant of Public Utility Easement through, under and across Part of Lot 6 of Althauser's Subdivision of Lot 2 of Lot 1 and Part of Lot 1 of Lot 1 of Mineral Lot Number 474, Located in the Northeast Quarter of the Southeast Quarter of Section 13, Township 89 North, Range 2 East of the 5ht Principal Meridian, City of Dubuque, Dubuque County, Iowa; and WHEREAS, there has been presented to the City Council of the City of Dubuque, Iowa, Acquisition Plats dated February 15, 2024 prepared by MSA describing Parcel 1-F Being a Part of Lot 1 of Althauser's Subdivision and Part of the Alley Vacated in Book A2, Page 552 and Part of Lot 2 of the Subdivision of Mineral Lot Number 472 and Part of Lot 33 of Taylor and Cooley's Subdivision of a Part of Mineral Lot No. 472, in the City of Dubuque, Iowa and describing Parcel 2-F Being a Part of Lots 1-9 of Althauser's Subdivision, in the City of Dubuque, Iowa; and WHEREAS, said plats conform to the laws and statutes pertaining thereto; and WHEREAS, upon said plats appear Parcels 1-F and 2-F, which DCSD by said plat has dedicated to the public forever. 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 Public Utility Easement through, under and across Part of Lot 6 of Althauser's Subdivision of Lot 2 of Lot 1 and Part of Lot 1 of Lot 1 of Mineral Lot Number 474, Located in the Northeast Quarter of the Southeast Quarter of Section 13, Township 89 North, Range 2 East of the 5ht Principal Meridian, City of Dubuque, Dubuque County, Iowa from DCSD, a copy of which is attached hereto. Section 2. That the plats dated February 15, 2024 prepared by MSA and describing Parcels 1-F and 2-F, relative to the real estate hereinabove described be and the same are hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plats and on behalf of the City of Dubuque, Iowa. Section 3. That the dedications of said Parcels 1-F and 2-F, of Right of Way for street and utility purposes, as appears on said Acquisition Plats, be and the same are hereby accepted. Section 4. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Section 4. That the City Clerk be and is hereby authorized and directed to file said easement and plats and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 1 st of April 2024. Brad avanagh, 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. 69-24 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 3rd day of April 2024. 9AC�� Adrienne N. Breitfelder, City Clerk INDEX LEGEND 40' LOCATION: LOT 1 OF ALTHAUSER'S SUBDIVISION; LOT 2 OF THE SUBDIVISION OF MINERAL LOT NUMBER 472; LOT 33 OF TAYLOR & COOLEY'S SUBDIVISION AND THE ALLEY IN ALTHAUSER'S SUBDIVISION VACATED IN BOOK A2, PAGE 552, ALL LOCATED IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH PRINCIPAL MERIDIAN, CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA REQUESTOR: CITY OF DUBUQUE, IOWA, 50 W 13TH ST, DUBUQUE, IA 52001 PROPRIETOR: DUBUQUE COMMUNITY SCHOOL DISTRICT (JEFFERSON JUNIOR HIGH), 2300 CHANEY RD, DUBUQUE, IA 52001 SURVEYOR COMPANY: MSA PROFESSIONAL SERVICES INC., 400 ICE HARBOR DRIVE, SUITE 110, DUBUQUE, IA 52001 RETURN TO: JOHN DEWEY, MSA PROFESSIONAL SERVICES INC., 400 ICE HARBOR DRIVE, SUITE 110, DUBUQUE, IA, 52001 DESCRIPTION OF ACQUISITION PLAT: PART OF LOT 1 AND THE ALLEY VACATED IN BOOK A2, PAGE 552 IN ALTHAUSER'S SUBDIVISION OF LOT 2 OF LOT 1 AND PART OF LOT 1 OF LOT 1 OF MINERAL LOT NUMBER 474; LOT 2 OF THE SUBDIVISION OF MINERAL LOT NUMBER 472; LOT 33 OF TAYLOR & COOLEY'S SUBDIVISION OF A PART OF MINERAL LOT NO. 472, ALL LOCATED IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH PRINCIPAL MERIDIAN, CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 33 OF SAID TAYLOR & COOLEY'S SUBDIVISION; THENCE NORTH 88 DEGREES 29 MINUTES 13 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 33 AND THE NORTH LINE OF LOT 2 OF SAID SUBDIVISION OF MINERAL LOT 472 A DISTANCE OF 308.52 FEET; THENCE SOUTH 84 DEGREES 26 MINUTES 00 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 2 AND THE NORTH LINE OF A VACATED ALLEY OF SAID ALTHAUSER'S SUBDIVISION AND THE NORTH LINE OF LOT 1 OF SAID ALTHAUSER'S SUBDIVISION A DISTANCE OF 24.34 FEET; THENCE SOUTH 88 DEGREES 29 MINUTES 13 SECONDS WEST A DISTANCE OF 312.67 FEET; THENCE SOUTH 43 DEGREES 29 MINUTES 06 SECONDS WEST A DISTANCE OF 28.28 FEET TO THE WEST LINE OF SAID LOT 33; THENCE NORTH 01 DEGREE 31 MINUTES 01 SECOND WEST ALONG THE WEST LINE OF SAID LOT 33 A DISTANCE OF 23.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1,162 SQUARE FEET (0.027 ACRES) MORE OR LESS. LEGEND - BOUNDARY LINE IIIIII IIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Doc ID: 011206550007 Type: GEN Kind: SURVEY PLAT Recorded: 04/03/2024 at 02:35:48 PM Fee Amt: $37.00 Paqe 1 of 7 Dubuque County Iowa Karol Kennedy Recorder File2024-00002 / 01 — - PROPERTY LINE — -PLATTED LINE — - RIGHT OF WAY LINE O - 0.75" IRON ROD SET I j W/ORANGE CAP "MSA PLS W P23252" IX I-_ CO) J LO 0 06 Q W o W i2 N co W Z Parcel 1-F —\ BEARING BASED ON IOWA STATE PLANE COORDINATE SYSTEM NAD 83, NORTH ZONE. GRAPHIC SCALE 0 50 100 1 INCH = 50 US FEET POINT OF BEGINNING NW CORNER OF LOT 33 OF TAYLOR & COOLEY'S SUB. I FOR RECORDER USE Parcel 1-F LOT 1 I LOT 2 I I S I 1 A�THAUSER I SUBDIVISION I VACATED ALLEY — — — — — r— cD N I rn N MINERAL LOT 3' 472 LOT 2 LINE BEARING LENGTH L1 S84"26'00"E 24.34' L2 S43"29'06"W 28.28' L3 N01'31'01"W 23.00' — — — — —I- - — _ I GO°LEy S 3' I SUBI)IVISION I I LOT 33 I LOT 32 C� 1 L3 VIOLA STREET 0 ACQUISITION PLAT rrHrrrrrrrgrr I HEREBY CERTIFY THAT THIS LAND SURVEYING ALTHAUSERCAND EAGLE ITY DUBUQUE ATERMAIN ``��.�`LAND 5,��, DOCUMENT WAS PREPARED AND THE RELATED SURVEY W K WAS PERFORMED BY ME OR UNDER MY DUBUQUE COUNTY, IOWA �` 5 L '�, DIRECT P R ONAL SUPERVISION AND THAT I AM DULY LICENS D SURVEYOR UNDER THE LAWS OF THE PROJECT NO ooaszose E e FILE U? JOHN 01 STATE F A. o J DEWEY � PROJECT GATE 1/18/23 PLOT DATE: 2/2124 DRAWN BY: SRS CHECKED BY: EJS 23252 JOHN WEY DATE %�'•. LIC SE NO. 2 MY LICENSE AL DATE IS ER GMSA '-...,, IO W P• PAGES OR SHEETS WCOVE COVERED BY THIS SEAL31 120E 1 rrrrrrrrr 00% SHEET 1 OF 4 OWNER'S CONSENT Dubuque, Iowa 12024 The foregoing acquisition plat of Parcel 1-F Being a Part Of Lot 1 of Althauser's Subdivision And Part of The Alley Vacated In Book A2, Page 552 and Part of Lot 2 Of The Subdivision Of Mineral Lot Number 472 and Part of Lot 33 Of Taylor & Cooley's Subdivision Of A Part Of Mineral Lot No. 472, 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 Parcel 1-F to the public for street and utility purposes. Dubuque Community School District By: 6k ft President, Kathrin A Parks Board of Education Name Position UNIVERSAL NOTARY CERTIFICATE STATE OF ,L D WA- ) COUNTY OF b"aytc ) On this /gam` day of �rcli , 2024, before me, the undersigned, a Not Public in and for said State, personally appeared Q,rKS 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, executed the instrument. (Notary Seal) (Sign in blue ink) y CAROLYN MAUSS , s Cwm*sion M n bw i33167 C a. �D% y 11 % att S- {� my commmsion (Print/type n e) i My 16, 2024 1 Notary Public in and for State of Iowa 2 CAPACITY CLAIMED BY SIGNER _INDIVIDUAL _CORPORATE OFFICER(S) (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 And _,2024 The foregoing acquisition plat Parcel 1-F Being a Part Of Lot 1 of Althauser's Subdivision And Part of The Alley Vacated In Book A2, Page 552 and Part of Lot 2 Of The Subdivision Of Mineral Lot Number 472 and Part of Lot 33 Of Taylor & Cooley's Subdivision Of A Part Of Mineral Lot No. 472, 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, (o signe f the City of Dubuque in accordance with Chapter 42 of the City of Dubuque Code of Ordina s,,and sai ap rova has been endorsed herein on the date first written above. 71 Plan ing Services of Vubuque, Iowa CITY OF DUBUQUE, IOWA j Dubuque, Iowa r,) 2024 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 Parcel 1-F Being a Part Of Lot 1 of Althauser's Subdivision And Part of The Alley Vacated In Book A2, Page 552 and Part of Lot 2 Of The Subdivision Of Mineral Lot Number 472 and Part of Lot 33 Of Taylor & Cooley's Subdivision Of A Part Of Mineral Lot No. 472, in the City of Dubuque, Iowa to the public for street and utility purposes, as appears heretofore has been filed on Isf day of Apr; , 2024 as Resolution # t; q "a q in the office of the City Clerk of Dubuque, Iowa and that the City Council City of Dubuque, Iowa approves said plat. ayor of �jLy'of_Dubuque, IA Clerk of the City of Dubuque, IA COUNTY AUDITOR Dubuque, Iowa Apcll 3 ,..2024E hA VAC), IV The foregoing acquisition plat of Parcel 1-F Being a Part Of Lot 1 of Althauser's Subd'asion.A ' ; a The Alley Vacated In Book A2, Page 552 and Part of Lot 2 Of The Subdivision Of -Mineral` o mbe 472 and Part of Lot 33 Of Taylor & Cooley's Subdivision Of A Part Of Mineral L o. 472,:! v Cif( G of Dubuque, Iowa was entered of record in the office of the Dubuque County r{ditgr this;;. of Acx�� 2024. We approve the subdivision name or title shown hereon t0e rL,ecord`" z. tOl Lyra jagotto Dubuaue Go[anf *Auditor 3 CITY ASSESSOR Dubuque, Iowa PJ .' 2 2024 The foregoing acquisition plat of Parcel 1-F Being a Part Of Lot 1 of Althauser's Subdivision And Part of The Alley Vacated In Book A2, Page 552 and Part of Lot 2 Of The Subdivision Of Mineral Lot Number 472 and Part of Lot 33 Of Taylor & Cooley's Subdivision Of A Part Of Mineral Lot No. 472, in the City of Dubuque, Iowa was entered of record in the office of the Dubuque County Assessor this z of ,r_ 1 2024. RECORDER'S CERTIFICATE Dubuque, Iowa Z,-- Troy Patzner Dubuque City Assessor Agri 1 3 , 2024 The foregoing acquisition plat of Parcel 1-F Being a Part Of Lot 1 of Althausees Subdivision And Part of The Alley Vacated In Book A2, Page 552 and Part of Lot 2 Of The Subdivision Of Mineral Lot Number 472 and Part of Lot 33 Of Taylor & Cooley's Subdivision Of A Part Of Mineral Lot No. 472, in the City of Dubuque, lowahas been reviewed by the Dubuque County Recorder. }, r 4 r� Karol Kenned-, � Record Dubbuque County 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. 69-24 ACCEPTING A GRANT OF PUBLIC UTILITY EASEMENT AND DEDICATIONS OF RIGHT OF WAY ALONG ALTHAUSER STREET AND EAGLE STREET AS PART OF THE ALTHAUSER STREET WATERMAIN AND SANITARY SEWER RECONSTRUCTION PROJECT, IN THE CITY OF DUBUQUE, IOWA WHEREAS, as part of the Althauser Street Watermain and Sanitary Sewer Reconstruction Project, certain rights of way and easement acquisitions are necessary for the future ownership and maintenance of the existing and proposed public utilities along Althauser Street and Eagle Street; and WHEREAS, certain areas of existing public sidewalk and associated curb ramps in the project area are located within property owned by Dubuque Community School District along Althauser Street and Eagle Street and by City standards should be located within a public street right of way; and WHEREAS, the City of Dubuque (City) and the Dubuque Community School District (DCSD) have agreed that the right of way and easement acquisitions are necessary for the construction project, long-term maintenance of the public utilities, and to ensure that the public sidewalks are located within public street rights of way; and WHEREAS, per Resolution 2-24, the City approved a Purchase Agreement, with DCSD for the right of way and easement acquisitions associated with the project; and WHEREAS, DCSD has executed a Grant of Public Utility Easement through, under and across Part of Lot 6 of Althauser's Subdivision of Lot 2 of Lot 1 and Part of Lot 1 of Lot 1 of Mineral Lot Number 474, Located in the Northeast Quarter of the Southeast Quarter of Section 13, Township 89 North, Range 2 East of the 5ht Principal Meridian, City of Dubuque, Dubuque County, Iowa; and WHEREAS, there has been presented to the City Council of the City of Dubuque, Iowa, Acquisition Plats dated February 15, 2024 prepared by MSA describing Parcel 1-F Being a Part of Lot 1 of Althauser's Subdivision and Part of the Alley Vacated in Book A2, Page 552 and Part of Lot 2 of the Subdivision of Mineral Lot Number 472 and Part of Lot 33 of Taylor and Cooley's Subdivision of a Part of Mineral Lot No. 472, in the City of Dubuque, Iowa and describing Parcel 2-F Being a Part of Lots 1-9 of Althauser's Subdivision, in the City of Dubuque, Iowa; and WHEREAS, said plats conform to the laws and statutes pertaining thereto; and WHEREAS, upon said plats appear Parcels 1-F and 2-F, which DCSD by said plat has dedicated to the public forever. 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 Public Utility Easement through, under and across Part of Lot 6 of Althauser's Subdivision of Lot 2 of Lot 1 and Part of Lot 1 of Lot 1 of Mineral Lot Number 474, Located in the Northeast Quarter of the Southeast Quarter of Section 13, Township 89 North, Range 2 East of the 5ht Principal Meridian, City of Dubuque, Dubuque County, Iowa from DCSD, a copy of which is attached hereto. Section 2. That the plats dated February 15, 2024 prepared by MSA and describing Parcels 1-F and 2-F, relative to the real estate hereinabove described be and the same are hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plats and on behalf of the City of Dubuque, Iowa. Section 3. That the dedications of said Parcels 1-F and 2-F, of Right of Way for street and utility purposes, as appears on said Acquisition Plats, be and the same are hereby accepted. Section 4. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Section 4. That the City Clerk be and is hereby authorized and directed to file said easement and plats and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 1 st of April 2024. Brad avanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk CERTIFICATE of the CITY CLERK STATE OF 1OWA 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. 69-24 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 3rd day of April 2024. Adrienne N. Breitfelder, City Clerk INDEX LEGEND LOCATION: LOTS 1-9, OF ALTHAUSER'S SUBDIVISION OF LOT 2 OF LOT 1 AND PART OF LOT 1 OF LOT 1 OF MINERAL LOT NUMBER 474, LOCATED IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH PRINCIPAL MERIDIAN, CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA REQUESTOR: CITY OF DUBUQUE, IOWA, 50 W 13TH ST, DUBUQUE, IA 52001 PROPRIETOR: DUBUQUE COMMUNITY SCHOOL DISTRICT (JEFFERSON JUNIOR HIGH), 2300 CHANEY RD, DUBUQUE, IA 52001 SURVEYOR COMPANY: MSA PROFESSIONAL SERVICES INC., 400 ICE HARBOR DRIVE, SUITE 110, DUBUQUE, IA 52001 RETURN TO: JOHN DEWEY, MSA PROFESSIONAL SERVICES INC., 400 ICE HARBOR DRIVE, SUITE 110, DUBUQUE, IA, 52001 DESCRIPTION OF ACQUISITION PLAT: PART OF LOTS 1-9 OF ALTHAUSER'S SUBDIVISION OF LOT 2 OF LOT 1 AND PART OF LOT 1 OF LOT 1 OF MINERAL LOT NUMBER 474, LOCATED IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH PRINCIPAL MERIDIAN, CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 1 OF SAID ALTHAUSER'S SUBDIVISION; THENCE SOUTH 00 DEGREES 16 MINUTES 01 SECOND EAST ALONG THE EAST LINE OF LOTS 1-4 OF SAID ALTHAUSER'S SUBDIVISION A DISTANCE OF 163.68 FEET; THENCE SOUTH 08 DEGREES 17 MINUTES 19 SECONDS WEST ALONG THE EAST LINE OF LOTS 4-9 OF SAID ALTHAUSER'S SUBDIVISION A DISTANCE OF 290.90 FEET TO THE SOUTHEAST CORNER OF SAID LOT 9; THENCE NORTH 81 DEGREES 42 MINUTES 33 SECONDS WEST ALONG THE SOUTH LINE OF SAID LOT 9 A DISTANCE OF 37.00 FEET; THENCE NORTH 53 DEGREES 17 MINUTES 23 SECONDS EAST A DISTANCE OF 28.28 FEET; THENCE NORTH 08 DEGREES 17 MINUTES 19 SECONDS EAST PARALLEL WITH THE EAST LINE OF SAID LOTS 4-9 A DISTANCE OF 240.00 FEET; THENCE NORTH 77 DEGREES 19 MINUTES 01 SECOND EAST A DISTANCE OF 16.06 FEET; THENCE NORTH 08 DEGREES 17 MINUTES 19 SECONDS EAST PARALLEL WITH THE EAST LINE OF SAID LOT 4 A DISTANCE OF 25.00 FEET; THENCE NORTH 00 DEGREES 16 MINUTES 01 SECOND WEST PARALLEL WITH THE EAST LINE OF SAID LOTS 1-4 A DISTANCE OF 138.68 FEET; THENCE NORTH 42 DEGREES 07 MINUTES 44 SECONDS WEST A DISTANCE OF 37.25 FEET TO THE NORTH LINE OF SAID LOT 1; THENCE SOUTH 84 DEGREES 26 MINUTES 00 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 1 A DISTANCE OF 27.00 FEET TO THE POINT OF BEGINNING. CONTAINING 5,365 SQUARE FEET (0.123 ACRES) MORE OR LESS. I FrFNn - BOUNDARY LINE -PROPERTY LINE — — — — — — — — — — — -PLATTED LINE - RIGHT OF WAY LINE - 1" IRON ROD FOUND Q - CAPPED IRON ROD FOUND 0 - SQUARE IRON ROD FOUND ® 1.0" IRON PIPE FOUND O 0.75" IRON ROD SET W/ORANGE CAP "MSA PLS P23252" BEARING BASED ON IOWA STATE PLANE COORDINATE SYSTEM NAD 83, NORTH ZONE. GRAPHIC SCALE 0 60 120 1 INCH = 60 US FEET ACQUISITION PLAT ALTHAUSER AND EAGLE STS. WATERMAIN CITY OF DUBUQUE DUBUQUE COUNTY, IOWA PROJECT NO. 00492098 F.B.. FILE m PROJECT DATE: 1118/23 PLOT DATE. 2/2124 DRAWN BY SRS CHECKED BY: EJS fFj MSA LINE BEARING LENGTH L4 N81"42'33"W 37.00' L5 N53"17'23"E 28.28' L6 N77`19'01"E 16.06' N08^17'191c 2' .00' L8 N42'07'44"W 37.25' L9 S84-26-00"E 27.00' s,,��• • ,........, • �Q`�. v : JOHN •: o " : DEWEY •, 23252 '. ID W P,,,,,��. IIIIIII (IIIII �II IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Doc ID: 011206560007 Type: GEN Kind: SURVEY PLAT Recorded: 04/03/2024 at 02:36:24 PM Fee Amt: $37.00 Paqe 1 of 7 Dubuque County Iowa Karol KennedyRecorder File2024-00002702 EAGLE STREET v L9 LOT 1 Parcel 2-F POINT OF BEGINNING NORTHEAST CORNER OF LOT 1 OF 2' ALTHAUSER'S SUB. 80 00 C6 CID 1D LOT 2 M 0 CD 0 z LOT 3 AL?HAUSEPIS 2' LOT 4 LOT 5 17' 0 LOT 6 NI rn � � N LOT 7 Z N 3 d a Co LOT 8 01 co SUBDIVISION 17' LOT 9 L-4 0 `* MERZ STREET w 0 io 0 CD 1n 40' 0 F- W W a' F- N W N Q 2 J a 40' I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND THE RELATED SURVEY WAS PERFORMED BY ME OR UNDER MY DIRECT P4NQRK NAL SUPERVISION AND THAT I AM DULY LICENSED SURVEYOR UNDER THE LAWS OF THE STATE FA. 2//s/Z LICENSE NO.,;M2 MY LICENSE RENEWAL DATE IS DECEMBER 31, 2023 PAGES OR SHEETS COVERED BY THIS SEAL: 1 OF 1 SHEET 1 OF 4 OWNER'S CONSENT Dubuque, Iowa 2024 The foregoing acquisition plat of Parcel 2-F Being a Part Of Lots 1-9 of Althauser's Subdivision, 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 Parcel 2-F to the public for street and utility purposes. Dubuque Community School District By: President, Kathrin A Parks Board of Education Name Position UNIVERSAL NOTARY CERTIFICATE STATE OF —�10 We ) COUNTY OF D)tdoUG iAe- ) On this le' day of arGl-\ , 2024, before me, the undersigned, a Notary Public in and for said State, personally appeared Whr;n I�ArICS 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, executed the instrument. (Notary Sea[) (Sign in blue ink) %, CAROLYN MAUSS T. Commission Number 8331871 Cat,. r of n J3 Ma VSS VMY Commission Expires (Print/type r me) July 16, 2024 Notary Public in and for State of Iowa 2 CAPACITY CLAIMED BY SIGNER _INDIVIDUAL _CORPORATE OFFICER(S) (Title) (CORP SEAL) _AFFIXED NO SEAL PROCURED PARTNER(S) _LIMITED _GENERAL _ATTORNEY -IN -FACT _TRUSTEE(S) _GUARD IAN/CONSERVATOR OTHER SIGNER IS REPRESENTING PLANNING SERVICES Dubuque, Iowa % 3-,2024 The foregoing acquisition plat Parcel 2-F Being a Part of Lots 1-9 of Althauser's Subdivision„ in the City of Dubuque, Iowa, in the City of Dubuque or within the two-mile jurisdiction of the City of Dubuque, to as defined under Section 354 of the Code of Iowa, has been reviewed by the City Plann r design f the City of Dubuque in accordance with Chapter 42 of the City of Dubuque Code of Ordi Vices, and s has been endorsed herein on the date first written above. / , Dubuque, Iowa ly W ont, Manager anning Services City of Dubuque, Iowa CITY OF DUBUQUE, IOWA A PI'i I 2024 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 Parcel 2-F Being a Part of Lots 1-9 of Althauser's Subdivision„ in the City of Dubuque, Iowa to the public fQr street and utility purposes, as appears heretofore has been filed on s+ day of Apr;' 2024 as Resolution # 69-)9 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 th it ubuque, IA akgzl� 4z" Clerk of the City of bubuque, IA COUNTY AUDITOR Dubuque, Iowa 7 � 2024WA01 The foregoing acquisition plat of Parcel 2-F Being a Part of Lots 1-9 of Althauser's divi�ion`in the(:,, City of Dubuque, Iowa was entered of record in the office of the Dubuque County Iditor this k, d1. of 2024. We approve the subdivision name or title shown hereon te records,, N `.-, evin, Dtagotto q Dubuqu6tpupty Auditor 3 CITY ASSESSOR Dubuque, Iowa 0/I 'I:V L l z 2024 �- The foregoing acquisition plat of Parcel 2-F Being a Part of Lots 1-9 of Althauser's Subdivision„ i the City of Dubuque, Iowa was entered of record in the office of the Dubuque County Assessor this ZK� of 2024. / 7n::;-7-rToy Patzner RECORDER'S CERTIFICATE Dubuque, Iowa Dubuque City Assessor Apr 11 3 , 2024 The foregoing acquisition plat of Parcel 2-F Being a Part of Lots 1-9 of Althauser's Subdivision„ in the City of Dubuque, lowahas been reviewed by the Dubuque County Recorder. n Karol Kennedyy Recorder of Dubuque County Prepared by: Nate Kieffer, City of Dubuque. 50 W. 13'" Street, Dubuque, IA 52001 (563) 589-4270 Retum to: Nate Kieffer City of Dubuque, 50 W. 13'^ Street, Dubuque IA 52001 (563) 589-4270 RESOLUTION NO.69-24 ACCEPTING A GRANT OF PUBLIC UTILITY EASEMENT AND DEDICATIONS OF RIGHT OF WAY ALONG ALTHAUSER STREET AND EAGLE STREET AS PART OF THE ALTHAUSER STREET WATERMAIN AND SANITARY SEWER RECONSTRUCTION PROJECT, IN THE CITY OF DUBUQUE, IOWA WHEREAS, as part of the Althauser Street Watermain and Sanitary Sewer Reconstruction Project, certain rights of way and easement acquisitions are necessary for the future ownership and maintenance of the existing and proposed public utilities along Althauser Street and Eagle Street; and WHEREAS, certain areas of existing public sidewalk and associated curb ramps in the project area are located within property owned by Dubuque Community School District along Althauser Street and Eagle Street and by City standards should be located within a public street right of way; and WHEREAS, the City of Dubuque (City) and the Dubuque Community School District (DCSD) have agreed that the right of way and easement acquisitions are necessary for the construction project, long-term maintenance of the public utilities, and to ensure that the public sidewalks are located within public street rights of way; and WHEREAS, per Resolution 2-24, the City approved a Purchase Agreement, with DCSD for the right of way and easement acquisitions associated with the project; and WHEREAS, DCSD has executed a Grant of Public Utility Easement through, under and across Part of Lot 6 of Althauser's Subdivision of Lot 2 of Lot 1 and Part of Lot 1 of Lot 1 of Mineral Lot Number 474, Located in the Northeast Quarter of the Southeast Quarter of Section 13, Township 89 North, Range 2 East of the 5ht Principal Meridian, City of Dubuque, Dubuque County, Iowa; and WHEREAS, there has been presented to the City Council of the City of Dubuque, Iowa, Acquisition Plats dated February 15, 2024 prepared by MSA describing Parcel 1-F Being a Part of Lot 1 of Althauser's Subdivision and Part of the Alley Vacated in Book A2, Page 552 and Part of Lot 2 of the Subdivision of Mineral Lot Number 472 and Part of Lot 33 of Taylor and Cooley's Subdivision of a Part of Mineral Lot No. 472, in the City of Dubuque, Iowa and describing Parcel 2-F Being a Part of Lots 1-9 of Althauser's Subdivision, in the City of Dubuque, Iowa; and WHEREAS, said plats conform to the laws and statutes pertaining thereto; and WHEREAS, upon said plats appear Parcels 1-F and 2-F, which DCSD by said plat has dedicated to the public forever. 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 Public Utility Easement through, under and across Part of Lot 6 of Althauser's Subdivision of Lot 2 of Lot 1 and Part of Lot 1 of Lot 1 of Mineral Lot Number 474, Located in the Northeast Quarter of the Southeast Quarter of Section 13, Township 89 North, Range 2 East of the 5ht Principal Meridian, City of Dubuque, Dubuque County, Iowa from DCSD, a copy of which is attached hereto. Section 2. That the plats dated February 15, 2024 prepared by MSA and describing Parcels 1-F and 2-F, relative to the real estate hereinabove described be and the same are hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plats and on behalf of the City of Dubuque, Iowa. Section 3. That the dedications of said Parcels 1-F and 2-F, of Right of Way for street and utility purposes, as appears on said Acquisition Plats, be and the same are hereby accepted. Section 4. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Section 4. That the City Clerk be and is hereby authorized and directed to file said easement and plats and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 1 st of April 2024. Brad avanagh, 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. 69-24 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 3rd day of April 2024. �a�2�t�nQ Adrienne N. Breitfelder, City Clerk City of Dubuque City Council Meeting Consent Items # 05. Copyrighted January 3, 2024 ITEM TITLE: Purchase Agreement with Dubuque Community School District as part of the Althauser Street Watermain and Sanitary Sewer Reconstruction Project SUMMARY: City Manager recommending City Council approval of a Purchase Agreement with Dubuque Community School District (DCSD) for certain rights of way and easement acquisitions related to the proposed Althauser Street Watermain and Sanitary Sewer Reconstruction project. RESOLUTION Approving a Purchase Agreement between the City of Dubuque, Iowa and Dubuque Community School District for Purchase of Rights of Way and an Easement along Althauser Street and Eagle Street as part of the Althauser Street Watermain and Sanitary Sewer Reconstruction Project SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: /_1AF_[61:ILT, l=1z1�'3 Description Type MVM Memo City Manager Memo Staff Memo Staff Memo Resolution Resolutions Purchase Agreement Supporting Documentation ROW and Easements Map Supporting Documentation THE CITY OF Dubuque D U B TEE All-Nnerica City Masterpiece on the Mississippi �' pp 200* 2�20 13 z017zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Purchase Agreement with Dubuque Community School District as part of the Althauser Street Watermain and Sanitary Sewer Reconstruction Project DATE: December 22, 2023 City Engineer Gus Psihoyos is recommending City Council approval of a Purchase Agreement with Dubuque Community School District (DCSD) for certain rights of way and easement acquisitions related to the proposed Althauser Street Watermain and Sanitary Sewer Reconstruction project. 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 Nate Kieffer, PE/PLS THE CITY OF DLJB TE Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer Dubuque AII•Ameriea City 2a07•2012-2013 2017*2019 SUBJECT: Purchase Agreement with Dubuque Community School District as part of the Althauser Street Watermain and Sanitary Sewer Reconstruction Project DATE: December 18, 2023 INTRODUCTION The purpose of this memorandum is to request City Council approval of a Purchase Agreement with Dubuque Community School District (DCSD) for certain rights of way and easement acquisitions related to the proposed Althauser Street Watermain and Sanitary Sewer Reconstruction project. BACKGROUND The existing water main on Althauser Street near Jefferson Middle School was constructed in 1922. The water main on this section of street have had a significant number of water main breaks in recent years. The water main is an old cast iron main that is at the end of its useful life. Additionally, public works staff televised the sanitary sewer main in the area. This pipe was constructed in 1924 and is also at the end of its useful life. Sewer camera video shows multiple sags and breaks in the sewer main. DISCUSSION The Althauser Street Watermain and Sanitary Sewer Reconstruction Project includes the reconstruction of an existing 6" clay sanitary sewer with 8" PVC sanitary sewer. The project also includes the reconstruction of an existing 6" cast iron water main with 6" DR-14 PVC watermain. New fire hydrants and associated main line valves will be replaced. Lead water services will be replaced from the main to the house with new copper services. Sanitary Sewer laterals will be replaced from the main to the right of way line. As a result of the utility replacement in the street, extensive street pavement, curb and gutter and some sidewalk will be replaced. ADA ramps at Althauser Street and Eagle Street and Althauser Street and Merz Street will be replaced. The construction is planned to occur in the summer of 2024 and be complete prior to school starting that fall. The project is adjacent to Jefferson middle School on the east side of the school. Engineering and Water Department staff are coordinating with the school district and adjacent property owners. Because some of the existing and proposed public utilities in the project area are located within property owned by DCSD, certain easements and right of way acquisitions are necessary for construction and long-term ownership and maintenance of said utilities. In addition to this, several existing and proposed public sidewalks and associated curb ramps in the project area are located within DCSD private property and should be located within a public street right of way. The Purchase Agreement provides for the acquisition of easements and rights of way to address these issues. A copy of the Purchase Agreement executed by DCSD is attached. RECOMMENDATION I recommend that the City approve the agreement with DCSD for certain rights of way and easement acquisitions related to the proposed Althauser Street Watermain and Sanitary Sewer Reconstruction 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. Attach. Prepared by: Nate Kieffer, PE/PLS cc: Bob Schiesl, Assistant City Engineer Jon Dienst, CE II Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 131'1 St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 2-24 APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE COMMUNITY SCHOOL DISTRICT FOR PURCHASE OF RIGHTS OF WAY AND AN EASEMENT ALONG ALTHAUSER STREET AND EAGLE STREET AS PART OF THE ALTHAUSER STREET WATERMAIN AND SANITARY SEWER RECONSTRUCTION PROJECT WHEREAS, as part of the Althauser Street Watermain and Sanitary Sewer Reconstruction Project, certain rights of way and easement acquisitions are necessary for the future ownership and maintenance of the existing and proposed public utilities along Althauser Street and Eagle Street; and WHEREAS, certain areas of existing public sidewalk and associated curb ramps in the project area are located within property owned by Dubuque Community School District along Althauser Street and Eagle Street and by City standards should be located within a public street right of way; and WHEREAS, the City of Dubuque (City) and the Dubuque Community School District (DCSD) have agreed that the right of way and easement acquisitions are necessary for the construction project, long-term maintenance of the public utilities, and to ensure that the public sidewalks are located within public street rights of way; and WHEREAS, the City has negotiated a Purchase Agreement, subject to City Council approval, with DCSD for the right of way and easement acquisitions associated with the 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 between City and DCSD attached hereto is hereby approved. Passed, Approved, and Adopted this 311� day of January 2024. wg�o� Br .• �:•.� • ' ,,t�C 1 � � i� k- Adrienne N. Breitfelder, City Clerk Prepared by: Nate Kieffer, City of Dubuque, City Hall, 50 W 13'^ Street., Dubuque, IA 50201. 515-382-1698 Return to: Nate Kieffer, City of Dubuque, City Hall, 50 W 13th Street., Dubuque, IA 50201 515-382-1698 PURCHASE AGREEMENT PARCEL 1 COUNTY Dubuque PROJECT N/A NAME Althauser/Eagle St. Water Main Project SELLER:_ Dubuque Community School District THIS AGREEMENT entered into this _ day of December 2023 , by and between Seller and the Cityof Dubuque, Iowa, Buyer. 1 a. SELLER AGREES to sell and furnish to Buyer a conveyance document, on form(s) furnished by Buyer, and Buyer agrees to buy the following real estate, hereinafter referred to as the premises, situated in parts of the following: PARTS OF LOT 2 OF MIN LOT 472; LOTS 31, 32, 33, 43, R LOT 2-42 TAYLOR & COOLEYS; LOTS 12 THRU 16 STINES SUB; LOTS 2-11A STINES SUB; LOTS 2-9,10,11,12, GMEHLES SUB; LOTS 1 THRU 9 ALTHAUSERS SUB, CITY OF DUBUQUE, IOWA., in the County of DUBUQUE, State of Iowa, as shown on the attached Easement Exhibits and Right of Way Acquisition Plats, including the following buildings, improvements and other property: None. 2: 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 possession right to enter the premises for the purpose of gathering survey and soil data. SELLER MAY surrender possession of the premises or building or improvements or any part thereof prior to the time at which he has hereinafter agreed to do so, and agrees to give Buyer ten (10) days notice of Seller's intention to do so by calling Buyer. 3. Buyer agrees to pay and SELLER AGREES to grant the right of possession, convey title, and surrender physical possession of the premises as shown on or before the dates listed below. PAYMENT AMOUNT AGREEDPERFORMANCE $ on conveyance of title $ on surrender of possession $ 15,521.72 on possession and conveyance $ cost -to -cure settlement $ 15,521.72 TOTAL LUMP SUM DATE OF PERFORMANCE 30 days after Buyer approval Breakdown Ac./Sg.Ft. Land by Fee Title 6,527 AG4Sq.Ft-. in the name of the City of Dubuque Permanent Utility Easement 100 Ae4Sq.Ft- in the name of the City of Dubuque Permanent Easement Ac./Sq.rt. Temporary Easement Ac./Sq.Ft. Road Easement to Fee Title Ac./Sq_Ft. in the name of the City of Dubuque 4, SELLER WARRANTS that there are no tenants on the premises holding under lease except: None 5. This agreement shal I apply to and bind the legal successors in interest of the Seller and SELLER AGREES to pay all liens and assessments against the premises, including all taxes and special assessments payable until surrender of possession as required by the Code of Iowa, and agrees to warrant good and sufficient title. 6. Buyer may include mortgages, lienholders, encumbrancers and taxing authorities as payees on warrants issued in payment of this agreement. In addition to the Total Lump Sum, Buyer agrees to pay $150.00 for the cost of adding title documents required by this transaction to Seller's abstract of title. If requested to do so, SELLER WILL deliver to the Buyer an abstract of title to the premises. Buyer agrees to pay the cost of Page 1 abstract continuation. SELLER AGREES to provide such documentation as may be required by Iowa Land Title Standards to convey merchantable title to Buyer. SELLER ALSO AGREES to obtain court approval of this agreement, if requested by Buyer, in the event title to the premises becomes an asset of any estate, trust, conservatorship or guardianship. Buyer agrees to pay court approval costs and all other costs necessary to. transfer the premises to Buyer, but not attorney fees. Claims for such transfer costs shall be paid in amounts supported by paid receipts or signed bills. 7. Buyer agrees that any agricultural drain tiles that are located within the premises and are damaged or require relocation by highway construction shall be repaired or relocated at no expense to Seller. 8, If Seller holds title to the premises in joint tenancy with full rights of survivorship and not as •tenants in common at the time of this agreement, Buyer will pay any remaining proceeds to the survivor of that joint tenancy and will accept title solely from that survivor, provided the joint tenancy has not been destroyed by operation of law or acts of Seller. 9. 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. % The premises also includes all estates, rights, title and interests, including all easements, and all advertising devices and the right to erect such devices as. are located thereon. SELLER CONSENTS to any change of grade of the street 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 terns of this agreement and discharges Buyer from liability because of this agreement and the construction of this public improvement project. 11. Seller states and warrants that, to the best of Seller's knowledge, there is no burial site, well, solid waste disposal site, private sewage disposal systems, hazardous substance, nor underground storage tank on the premises described and sought herein, except: None 12. This written agreement constitutes the entire, agreement between Buyerand Seller and there is no agreement to do or not to do any act or deed except as specifically provided for herein. 13. Buyer hereby gives notice of Seller's five-year right to renegotiate construction or maintenance damages not apparent at the time of the signing of this agreement as required under Section 6B.52 of the Code of Iowa. 14. It is understood and agreed that Seller Waives all rights under Iowa Code Section 306.23. 15. This Purchase Agreement is subject to approval by the City of Dubuque City Council. Page 2 SELLER'S SIGNATURE AND CLAIMANT'S CERTIFICATION: Upon due approval and execution by the Buyer, we the undersigned claimants certify the Total Lump Sum paymentshown herein isjustand unpaid. By: l�i�ll This section to be completed by a Notary Public. Both columns must be completed. SELLER'S ACKNOWLEDGMENT STATE OF �-o•,w_u } COUNTY OF 2/IA+JXIx.-Q } ss: By V- 1A Kate Parks Dubuque Community School District Board President On this 11;1' day of December , A.D. 2023 , before me, the undersigned, a Notary Public in and for said State, personally appeared C to me personally known or _ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscdbed 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 instrume99�til1�p�rr�son(s), or the entity upon behalf of which the person(s) acjed, e>dr, te¢fM'eifi ument. 7 (/ (Sign in Ink) �j%A-/lacalvl (Print/Type Name) CAPACITY CLAIMED BY SIGNER: I INDIVIDUAL I CORPORATE Title(s) of Corporate Officer(s): Corporate Seal is affixed No Corporate Seal procured PARTNER(s): Limited Partnership General Partnership ATTORNEY -IN -FACT EXECUTOR(s) or TRUSTEE(s) GUARDIAN(s) or CONSERVATOR(s) OTHER: SIGNER IS REPRESENTING: List name(s) of entity(ies) or person(s) Notary Public in and for the State of 7T-CFlLM AMY VANDERMEULE $ :Commission Number 774154 My commission expires 0510 J!a 6W .• F MY Commission Expires August 1, 2024 BUYER'S ACKNOWLEDGMENT STATE OF IOWA: ss: On this 46 day of December , 2023— before me, the undersigned, personally appeared P,113-5eUA( lei - l;K 9nii) G IS i'S/ya .'V p 5 known to me to be the of Buyer and who did say that said instrument was signed on behalf of Buyer by the authority duly recorded in its minutes, and acknowledged the execution of said instrument, which signature appears hereon, to be the voluntary act and deed of Buyerand by it voluntarily executed. 41 KERRY JO BRADLEY I n o ;% 'k' Commission Number 8080W90 z My Commission Expires 7w,r December 26, 2023 Notary min 16nd for the Stalk of Iowa BUYER'S APPROVAL ZV-M I /(� Iz - lb - Zo23 Recommended b • (Date) Right of W reject Ag nt: 121l1/20 Approved by: (Date) Gus Psihoyos City of Dubuque, Iowa Page 3 EXHIBIT A INDEX LEGEND LOCATION: LOTS OF ALTHAUSER'S SUBDIVISION OF LOT 2 OF LOT 1 AND PART OF LOT I OF LOT i OF MINERAL LOT NUMBER414, LOCATED IN THE NORTHEAST- 0F THE SOUTHEAST QUARTER OF MOTION 13, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 8TH PRINCIPAL MERIDIAN, CITY OF DUUUOUE, DUBUQDE CQIINTY, IOWA REQUESTOR: CITY OF DUBUQUE, IOWA, 50 W 13TH ST, DUBUQUE, W 520D1 PROPRIETOR DUBUQUE COMMUNITY SCHOOL DISTRICT (JEFFERSON JUNIOR HIGH), 2300 CHANEY RD, DUBUQUE, R52001 SURVEYOR COMPANY. MSA PROFESSIONAL SERVICES INC., 400 ICE HARBOR DRIVE, SUITE 110, DUBUQUE, IA52001 RETURN TO: JOHN DEWEY, MSA PROFESSIONAL SERVICES INC., 400 ICE HARBOR DRIVE, SUITE 110, DUBUQUE, IA, 52001 FOR RECORDER USE DESCRIPTION OF PERMANENT PUBLIC UTILITY EASEMENT: f PART OF LOT 6 OF ALTHAUSER`S SUBDIVISION OF LOT 2 OF LOT 1 AND PART LOT 5 R OF LOT 1 OF LOT 1 OF MINERAL LOT NUMBER 474, LOCATED IN THE f NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF STOWNSHIP AS EOTON iS, OF DUBUQUE ,NDUB000UECOUNTY. WAORTH, RANGE 2 EAST OF TMORE PHE STH ARTICULARLY RINCIPAL RDESCR BIED AL1HAU SER-S (;.. 10k1 ' PUBIJC UTILDY AS FOLLOWS' f EASEMENT AREA COMMENCING AT THE SOUTHEAST CORNER OF LOT 9 OF SAID ALTRAUSER'S SUBDIVISION OF LOT 2 OF LOT 1 AND PART OF LOT 1 OF LOT 1 OF MINERAL — L13 LOT NUMBER 474; THENCE NORTH OB DEGREES 17. MINUTES 18 SECONDS EAST ALONG THE EAST UNE OF LOTS 6! OF SAID ALTHAUSER'S SUBDIVISION OF LOT 2 OF LOT 1 AND PART OF LOT i OF LOT 1 OF MINERAL LOT NUMBER 474 A DISTANCE OF 185M FEET" THENCE NORTH 81 DEGREES 42 TANUTES 41 SECONDS WEST A DISTANCE OF 17,00 FEET TO THE POINT OF BEGINNING: THENCE CONTINUING NORTH 81 DEGREES 42 MINUTES 41 SECONDS WESTA DISTANCE OF 10.00 FEET; THENCE NORTH DB DEGREES 17 MINUTES 19 LOT SECONDS EAST PARALLEL WITH THE EAST LINE OF SAID LOT 6 A DISTANCE f OF 10.00 FEET; THENCE SOUTH 81 DEGREES 42 MINUTES 41 SECONDS EAST f A DISTANCE OF 10.00 FEET, THENCE SOUTH 08 DEGREES 17 MINUTES 1S SECONDS WEST PARALLEL WITH THE EAST LINE OF SAID LOT 6 A DISTANCE f :. POINT OF BEGINNING. OF 1Q00 FEET TO THE POINT OF BEGINNING. f CONTAINING 100 SQUARE FEET (0.002 ACRES) MORE OR LESS. UueEll f f � f U, 14z LEGEND LOT7f a BOUNDARY LINE -RIGHTO°WAYLINE f Q m ------------PLATTED LINE LOT f = 0 .BOUNDARY TIE f ( SUBDIVIEIo!A N RIGHTdFWAYTOBE yf— ACQUIREDBYOTHER LOTS f DOCUMENT f =40- J BEARING BASED ON IOWA STATE PUNS / COORDINATE SYSTEM NAD 83, NORTH ZONE. / GRAPHIC SCALE 0 30 60 P' MER2 SOUTHEAST CORNER STREET �LOTBOFALTHAUSE'S 1 INCH = 30 US FEET SUBDIVISION PERMANENTPUBLICUTILITY aulgeNNry IHEREBYCERTIFY THAT THIS LANDSURVEYING $ EASEMENTEXHIBIT. c1.AND$G. DOCUMEtdT PREPARED AND THE RELATED ALTHAl15ER AN0 EAGLE 6T8. WATERMAIN Q ` 4 `4' . SURVEY E WAS PERFORMED BY ME OR UNDER MY CITY OF DUBUQUE • ""�'G:".. DIRECT P SUPERW%n IONANDTHAT I"DULY DUBUQUECOUNTY IOWA ✓;Of JOHN �''+k^ LICEN SURVEYORUNDERTHE LAWS OFTHE STATE F DEWEY 0H +•,., �23252 ,JJ '3A y� M� J. f_ICENSE RENEWAL DATE IS DECEMBER 31, 2023 a/ OW pJNS PAGES OR SHEETS COVERED BY THIS SEAL: 1OF1 INDEX LEGEND LOCATION: LOTS 1-9. OF ALTHAUSER'S SUBDIVISION OF LOT 2 OF LOT 1 AND PART OF LOT 1 OF LOT i OF MINERAL LOT NUMBER 474, LOCATED IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13. TOWNSHIP 69 NORTH, RANGE 2 EAST OF THE 5TH PRINCIPAL MERIDIAN, CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA REQUESTOR: CITY OF DUBUQUE, IOWA, W W 13TH ST. DUBUQUE, IA SMA - PROPRIETOR: DUBUQUE COMMUNTTY SCHOOL DISTRICT (JEFFERSON JUNIOR HIGH), 2300 CHANEY RD. . DUBUQUE, IA 52001 SURVEYOR COMPANY: PASA PROFESSIONAL SERVICES INC., 400 ICE - - - 14ARBORDRIVE. SUITE 110. DUBUQUE, IA 52001 DESCRIPTION OF ACQUISITION PLAT. - EAGLE STREET PART OF LOTS 1-9 OF ALTHAUSER'S SUBDIVISION OF LOT 2 OF LOT 1 AND PART OF LOT 1 OF LOT 1 OF MINERAL LOT NUMBER 474. LOCATED IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, L0T1 TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE STH PRINCIPAL MERIDIAN, CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA MORE PARTICULARLY DESCRIBED POINT OF BEGINNING AS FOLLOWS - - BEGINNING AT THE NORTHEAST CORNER OF LOT 'i:OF SAID ALTHAUSERS NORTHEAST CORNER OFLOTI OF SUBDIVISION; THENCE' SOUTH 00 DEGREES 16 MINUTES M SECOND FAST ALONG THE EAST LINE OF LOTS 1-4 OF BAD ALTHAUSERS SUBDIVISION A ALTHAUSER'S SUB,2. - DISTANCE OF 163.68 FEET; THENCE SOUTH W DEGREES 17 MINUTES 19 SECONDS WEST ALONG THE EAST LINE OF LOTS 40 OF SAID ALTHAUSER'S LOT m SUBDIVISION A DISTANCE OF 290.90 FEET TO THE SOUTHEASTCOMMOF - _ T SAID LOT 9; THENCE NORTH Si DEGREES 42 MINUTES 3SSECONDSWEST LINE OF SAID LOT 9 A DISTANCE qF 37D0 FELT, THENCE- ALONG THE SOUTH ". NORTH 53 DEGREES 17 MINUTES 0 SECONDS EAST A DISTANCE OF 28,28 • tPo' FEET; THENCE NORTH W DEGREES.17 MINUTES T9 SECONDS EAST- - PARALLEL WITH THE FAST LINE OF SAID LOTS 441 A DISTANCE OF 240.00 FEET; THENCE NORTH 77 DEGREES 19 MINUTES '01-SECOND EAST A DISTANCE OF II D6 FEET: THENCE NORTH W DEGREES 17. MINUTES 19 - SECONDS EAST PARALLEL WITH THE EAST LINE OF SAID LOT 4 A DISTANCE OF 25.00 FEET; THENCE NORTH 00 DEGREES 16 MINUTES 01 SEC6ND' WEST . LOTS - PARALLEL WITH THE EAST LINE OF SAID LOTS 14 A DISTANCE OF 138„BS 40'- FEET; THENCE NORTH 42 DEGREES 07 MINUTES 44 SECONDS WEST A DISTANCE OF 37.25 FEET TD THE NORTH LINE OF SAID LOT 1; THENCE SOUTH B4 DEGREES 26 MINUTES 00 SECONDS EASTALONG THE NORTH LINE OF SAID AUSTRS - J LOT IADISTANCE OFZ7,00 FEET TO THE POINT OF BEGINNING. CONTAINING ALTH 2" 5,365 SQUARE FEET (0123ACRES)MOREORLESS. LOT LG LEGEND - Ir - _ _ -BOUNDARY LINE _ W _ oc —. — —-PROPERTYLINE — — — — — — — — — — — -PLAT7E0 LINE LOT m ._ TT' ..-RIGHTOFWAY LINE ® - V IRON ROD FOUND b Q ® -CAPPED IRON ROD FOUND �- -SQUARE IRON ROD FOUND LOTS ® -1.0-IRON PIPE FOUND- - O RIRON W/O W/ORANGE CAP `MSA PLS --, ' P23252` - LOT = 3 LOT 8 o SUBDIVISION BEARING BASED ON IOWA STATE PLANE e1-^wr19 COORDINATE SYSTEM MAD 83, NORTH ZONE 1 TT _. LOT 9 •trss GRAPHIC SCALE 18 19'Oi tiCB' D BD 120 L NOB•1719"E ssAo' L4 .. O ',. .. i INCH = 60 US FEET ER�STREET' MSA Ell; 2 q ""+ "fi r MY LICENSE RENEWAL DATE IS DECEMBER 31,=3 IQ1N P PAGES OR SHEETS COVERED BY THIS BEN.: 1 OF 1 ��uu INDEXLEGEND LOCATION: LOT t OPALTHAUSER'SSUBDIVISION; LOT 2OF THE SUBDIVISION OF MINERAL LOT NUMBER 472 LOT 33 OF TAYLOR 4000IJ-S SUBDIVISION AND THE ALLEY IN BEAST QUARTER UARVACATES IN BORN A2, PAGE ALL LOCATED 81 THENORTHEASTSMARTEROFTHE SOUTHEAST OUMD ,OF CSECTIOND13, BUTOWNSHIP 86 NORTH, RANGE 2 EASI'OF THE S1H PRINCPPL MERIDUN, CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA REOUESTOR: CITY OF DUBUQUE, IOWA, 50 W 13TH ST, DUBUQUE, IA 52001 PROPRIETOR: DUBUQUE COMMUNITY SCHOOL DISTRICT (JEFFERSON JUNIOR HIGH), 2300 CHANEY RD, DUBUQUE, IN 52D01 SURVEYOR COMPANY: MSA PROFESSIONAL SERVICES INC., 4DO ICE HARBOR DRIVE. SUITE 110. DUBUQUE. IA 52001 PART OF LOT 1 AND THE ALLEY VACATED IN BOOK A2, PAGE 552 IN ALTHAUSER'S SUBDIVISION OF LOT 2 OF LOT 1 AND PART OF LOT 1 OF LOT 1 OF MINERAL LOT NUMBER 474; LOT 2 OF THE SUBDIVISION OF MINERAL LOTS NUMBER 472; LOT 33 OF TAYLOR 8 COOLEYS SUBDIVISION OF A PART OF MINERAL LOT NO. 472; ALL LOCATED IN THE NORTHEAST QUARTER OF THE LOT 1 I LOT 2 I SOUTHEAST QUARTER OF SECPON.13, TOWNSNP B8 NORTH, RANGE 2 EAST I { OF THE STH PRINCIPAL MERIDIAN, CRY OF DUBUQUE, DUBUQUE COUNTY, IOWA MORE PARTICULARLY DESCRIBED AS FOLLOWS: BCOONNING AT LEYS SUBDIVISION; THENCEE NORTHWEST CORNER OF LOT 3S F NORTH 88 DEGREES20 MINUTES 13 THAU9ER'S I SUEDAlIS10NI SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 33 AND THE NORTH _ 1 LINE OF LOT 2 OF SAID SUBDIVISION OF MINERAL LOT,472 A'DISTANCE OF, VACATE ALLEY Py - 308.52 FEET; THENCE SOUTH 84 DEGREES 26 MINUTES 00 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT AND THE NORTH LINE OFA VACATED ALLEY OF SAID ALTHAUSER'S SUBDIVISION AND THE NORTH LINE OF LOT OF SAID ALTHAUSER'S SUBDIVISION A DISTANCE OF 24,34 FEET. THENCE SOUTH 88 DEGREES 29 MINUTES 13 SECONDS WEST A DISTANCE OF 312.67 FEET;_�eL THENCE SOUTH 43 DEGREES 29 MINUTES 06 SECONDS WESTA DISTANCE OF h8 _ 2I 28 FEET TO THE WEST LINE OF SAID LOT 33; THENCE NORTH 01 DEGREE 31 MINUTES 01 SECOND WEST ALONG THE WEST LINE OF SAID LOT 33 A DISTANCE OF 2340 FEET TO THE POINT OF BEGINNING. CONTAINING 1,162 3, LOT SQUARE FEET 10.027 ACRES) MORE OR LESS. 472 LEGEND -BOUNDARY LINE 49 -PROPERTY LINE —2 --.---- _PLATTED LINE .. - RIGHT OF WAY LINE Q -0.75- IRON ROD SET y~j W/ORANGE CAP"MSA FILE 3 P2325— F N - J N U' UNE 3FA MG IE116TH W W t� TAYLOR& I �OF - s I 3' SUeDM`�ON BEARINGDITE SYSTEM EM IOWA D83. NORATETH ZONE. POINT OF BEGINNING COORDINATE SYSTEM NAD B3, NORTH ZONE. NWCORNEROFLOT LOT33 i .LOT 32 GRAPHICS CALE 33 OFTAYLOR & O SD 'ISO COCLEYS SUB. _ .. L3 VIOLA STREET ..... 1INCH =50 US FEET ACQUISITION PLAT it I HEREBY CERTIFY THAT THIS LAND SURVEYING ALTHAUSER AND EAGLE STS. WATERMAIN p� ,AND S y?M DOCUMENT PRPARED ANO THE RELATED DUBUQUE COUNTY, IOWA C�Qd ••'"' µ�j�'Q QIRE57� WAS HATI,AMD LY �. C1��°f JOHN {{�'�� SITALAWS OFTHE DEWEY A'7/ 7. 31 23252 JOHN WEY - ..,. DATE _ ///'yam MSA: ..,,.$ LI i y 1-'*'' .s� l$yS. EWAI GATE ISYTHISSER 31,2023 IL W IQWP PAGES OR SHEETS COVERED BY THIS SEAL: 7OF1 . DCSD (JEFFERSON FIELD) PROPOSED R.O.W. ACQUISITION PROPOSED PERMANENT UTILITY EASEMENT ACQUISITION .. j». 11�0o tom__>� 20.0 ) 7 REM EXI I �? L I L,,,, IIT v i I 0 10 20 1 90 I � ` I I I I I TING 13 00 — - S _ _ 14.00 5+00 15,80 Irss - "" 21°ems n 12 - tz"55 �;=5A7ss — EXIST(N � 1 _ 1 4 aA 'ER AVE I�Y"'s 110J ALTHAUSER AVE O I ^-s DCSD (5 ALTH USESON JR. HIGH)' •�'. 14"i�� _. r 1105 ALTHAUSER AVE DCSD IJEFFERSON JR. HIGHi I _'- lo J 110 - l A SER AVE HIS F RG}U - 11 y1LTHAUSER AVE CS DDFFERSON JR HIGH) - I 10 20 40 i0 4 55 AL HAUSER STREET F - ------------IF j- I ��Q II I PROPOSED R.O.W. ACQUISITION z I Z I = II 711� PROPOSE.PERMANENTUTILITYEASEMENTACQUISITIONIALTHAUSER AVE i &DONNA�I 1104ALTHAUS AVE''7I6CSD TGENlied LIZA1D PRI-FITO I KmI jA=ki1 X3 " frj BETGI R' MSA E xEEnIGlancxrtEounElsumrtnxG WATER MAIN RECONSTRUCTION[ EuxolxGlnu«xIxGI ENN0.0xMExTAI 00492098 x.ro.. onW, o�n�9�•laszwl ALTHAUSER STREET EAGLE STREET RIGHT-OF-WAY B EASEMENTS Iwal se CITY OF DUBUQUE, IOWA H.01