Utility Easements - Royal Oaks / Speigel Property Copyright 2014
City of Dubuque Consent Items # 20.
ITEM TITLE: Utility Easements - Speigel Property
SUMMARY: City Manager recommending approval of a Grant of Easement for the
Royal Oaks Development Corporation Property and authorization for the
City Manager to execute the Grant of Easement for the proposed
construction of the Utility Extension to the Dubuque Regional Airport.
RESOLUTION Accepting Grant of Easement Upon Real Estate Owned by
Royal Oaks Development Corporation in Dubuque County, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s)
ATTACHMENTS:
Description Type
❑ City Acquisition of Utility Easements-Royal Oaks Development Corp- City Manager Memo
MVM Memo
❑ Staff Memo Staff Memo
❑ Grant of Easement Staff Memo
❑ Resolution Resolutions
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: City Acquisition of Utility Easements — Royal Oaks Development
Corporation Property
Cl P 7402395 Water Extension —Airport
CIP 3002491 Fiber Optic Conduit— Misc.
DATE: March 30, 2015
City Engineer Gus Psihoyos recommends City Council approval of a Grant of Easement
for the Royal Oaks Development Corporation Property and authorization for the City
Manager to execute the Grant of Easement for the proposed construction of the Utility
Extension to the Dubuque Regional Airport. The City will pay $1.00 for the Permanent
Easement and a Temporary Construction Easement for Water Main and Fiber Optics.
City Engineer recommends accepting the Grant of Easement from Royal Oaks
Development and adoption of a Resolution accepting the Grant of Easement.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
THE CIi6iob
Dubuque
DE i°-A'edcac''"1111 r
Masterpiece on the Mississippi .Zoll•2013
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
DATE: March 27, 2015
SUBJECT: City Acquisition of Utility Easements — Royal Oaks Development
Corporation Property
CIP 7402395 Water Extension - Airport
CIP 3002491 Fiber Optic Conduit— Misc.
INTRODUCTION
This memorandum seeks City Council approval of the Grant of Easement for the Royal
Oaks Development Corporation Property and to authorize the City Manager to execute
the Grant of Easement for the proposed construction of the Utility Extension to the
Dubuque Regional Airport.
BACKGROUND
A.J. Spiegel, of Royal Oaks Development Corporation, was contacted regarding the
utility extension project and the need for an easement across Silver Oaks Subdivision.
Mr. Spiegel agreed to the installation of the water main and fiber optic conduit location
and granted the needed easement.
We propose to acquire a permanent easement and a temporary construction easement
for the purpose of constructing the water main, fiber optics and performing clearing and
grubbing and erosion control construction activities related to the construction of the
utilities. Said proposed easement plats are shown in Exhibits A and B of the attached
Grant of Easement
DISCUSSION
The terms of the Grant of Easement are as follows:
• Total purchase price: $1.00 payable at closing, comprised of:
a. Permanent Easement and a Temporary Construction Easement for
Water Main and Fiber Optics
BUDGETIMPACT
The agreed cost for the permanent and temporary easement is $1.00.
The budget fund code to support this portion of the project is:
CIP 7402395 Water Extension - Airport
Budget Amount: $5,689,371.16
Current Fund Balance: $5,428,407.58
Easement Amount: $ 0.95
CIP 3002491 Fiber Optics to Airport
Budget Amount: $ 310,000.00
Current Fund Balance $ 310,000.00
Easement Amount: $ 0.05
RECOMMENDATION
I recommend accepting the Grant of Easement from Royal Oaks Development and
adoption of the attached resolution accepting the Grant of Easement.
ACTION TO BE TAKEN
I request accepting the Grant of Easement from Royal Oaks Development and adoption
of the attached resolution accepting the Grant of Easement.
Prepared by: Todd Irwin, Engineering Technician
cc: Maureen Quann, Assistant City Attorney
Jennifer Larson, Budget Director
Bob Green, Water Department Manager
David Ness, Civil Engineer
Masterpiece on the Mississippi
TRACEY STECKLEIN
PARALEGAL
MEMO
MEMORANDUM
To: Trish Gleason
Assistant City Clerk
DATE: April 10, 2015
RE: April 6, 2015 Original Executed April 6, 2015 Agenda Documents
Trish:
Attached for your file are the following original executed documents which were
approved at the April 6, 2015 City Council meeting:
1. Easement Agreement between the City of Dubuque and William D. Tracy and
William C. and Kay J. Tracy, dated March 20, 2015;
2. Easement Agreement between the City of Dubuque and Patricia F. Furuseth,
dated March 10, 2015; and
3. Offer to Buy Real Estate from O'Rourke Farms LLC, dated March 12, 2015.
We will retain a copy of each of these in our files.
Also approved at the April 6, 2015 City Council meeting were the Grants of Easements
regarding Tracy, Furuseth, and O'Rourke Farms LLC, as well as Resolution No. 106-15
Accepting Deed to Lot 1 of Silver Oaks from Royal Oaks Development Corporation,
which I took to the Recorder's Office yesterday for recording. As soon as those
recorded documents are returned to us, I will forward those as well.
Attachments
cc: Todd Irwin, Engineering Tech
F:\USERS\tsteckle\Lindahl\Memos\Gleason_OriginalExecutedApril6AgendaDocs_041015.doc
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL tsteckle@cityofdubuque.org
IIII !NMI 11111 I 1i1E11 OH
Doc ID 008215610008 Type GEN
Kind: EASEMENT
Recorded: 04/09/2015
Fee Amt: $52.00 Page 1 of 8
Dubuque County Iowa
John Murphy Recorder
11
at 04:15:53 PM
File2015-00004143
RECORDER'S COVER SHEET
GRANT OF EASEMENT
Preparer Information:
Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 Telephone: (563)
589-4270
Taxpayer Information:
City of Dubuque, Iowa, 50 West 13th Street, Dubuque, IA 52001
Return Document To:
Barry A. Lindahl, City Attorney, 300 Main Street, Suite 330, Dubuque, IA 52001
Legal Description:
Lot A of Silver Oaks in Section 23, Township 88 North, Range 2 East of the 5th
Principal Meridian, Dubuque County, Iowa
Grantors: Grantees:
Royal Oaks Development Corporation The City of Dubuque, Iowa
6-0
d
Prepared by: Russell N. Kieffer City of Dubu ue 50 W. 13th Street Dubu ue Iowa 52001 (563)589-4270
Return to: Russell N. Kieffer, City of Dubuque, 50 W. 13 Street, Dubuque, Iowa 52001 (563)589-4270
GRANT OF EASEMENT FOR WATER MAIN UTILITY
For and in consideration of the sum of one dollar ($1.00) and other good and
valuable consideration, the receipt whereof is hereby acknowledged,
Royal Oaks Development Corporation
8650 Enterprise Drive
P.O. Box 50
Peosta, Iowa 52068
of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do
hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, a municipal
corporation, its agents and contractors, from the date hereof, rights of ways and
easements through, under and across the following described real estate
situated in Dubuque, Iowa, to wit:
Parts of the following described real estate:
LOT A OF SILVER OAKS IN SECTION 23, TOWNSHIP 88 NORTH,
RANGE 2 EAST OF THE 5T" PRINCIPAL MERIDIAN, DUBUQUE
COUTNY, IOWA;
As shown on and described in Exhibit A attached hereto and by reference
made a part hereof.
Said easement shall be as shown on the attached Exhibit A for the purpose of
constructing and maintaining a water 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.
Together with the right to enter upon said property and occupy the temporary
easement area as shown on the attached Exhibit B during the period of
construction until the project is accepted by City Council.
It is understood and agreed that the Grantee herein shall restore the disturbed
area due to the construction, maintenance or repair of said water main utility and
other appurtenances.
Grantor shall not erect any structure over or within the 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 water main utility
thereon or therein. ����
Dated at Dubuque, Iowa this �°� day of Ad 111rrmiar ) 2014.
By:
Jtliegel, President
Royal Oaks Development
Corporation
NOTARY PUBLIC
STATE OF
COUNTY OF D SS:
On this y-/-!1 day of /1o,,-,r.,c1j" , A.D., 2014 before me, the undersigned,
a Notary Public in and for said County, in said State, personally appeared A.J.
Spiegel, 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 d ed.
o ps Commission Number 716727 Notary Public I nd For Said State
My C m Inion Ertplleg
rows
City of Dubuque
By: Michael C. Van Milligen
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
On this (® day of Air \ , 2015 before me, the undersigned, a Notary
Public in and for said County, in said State, personally appeared Michael C. Van
Milligen, 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.
SI N L, GLEASON
Commission Number 719986
My Commission Expires
Nota
Public In and For Said State
PREPARED BY:Dan Hingtgen, L.S. 14052 WHKS&Co. 1701 Route 35 North East Dubuque, IL 61025 Tel.(815)747-8833
EXHIBIT A PROPERTY OWNER:
Royal Oaks Development Corporation
for
SURVEY REQUESTED BY:
A PERMANENT UTILITY EASEMENT FOR WATER MAIN AND FIBER OPTIC CABLE City of Dubuque
UTILITIES LOCATED IN LOT A OF SILVER OAKS IN SECTION 23,TOWNSHIP 88 FIELD SURVEY CONDUCTED ON:
NORTH, RANGE 2 EAST OF THE 5TH PRINCIPAL MERIDIAN, DUBUQUE COUNTY, IOWA 05/14/13
NW CORNER A PERMANENT UTILITY EASEMENT, 20.00 FEET IN WIDTH, FOR
SE 1/4 WATER MAIN AND FIBER OPTIC CABLE UTILITIES LOCATED IN LOT A OF
SECTION 23 SILVER OAKS IN SECTION 23, TOWNSHIP 88 NORTH, RANGE 2 EAST OF
T 88 N, R 2 Eo EASEMENT FOR THE 5TH PRINCIPAL MERIDIAN, DUBUQUE COUNTY, IOWA, BEING 10.00
Falls in Water, PIPELINE PER �' FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
Used Ties to INSTR. NO. 1405-91
Establish Position —' Commencing at the Southwest (SW) Corner of the Southeast Quarter
(SE 1/4) of said Section 23; thence N 01'58'27" W 484.67 feet along
the West Line of said SE 1/4; thence N 88'17'12" E 60.38 feet to a
I I k point on the North Line of Lot 1 of said Silver Oaks and said point
II I being 10.00 feet perpendicularly distant from the Easterly right-of-way
1 line of US Highway No. 61; thence N 08'41'01" W 431.22 feet, parallel
I I Z N 01°58'27' W to, and 10.00 perpendicularly distant from, said Easterly right-of-way
I I O zo.o' 132.96' line; thence N 01'58'27" W 132.96 feet, parallel to, and 10.00 feet
perpendicularly distant from, said Easterly right-of-way line to a point
I I
00 10'0 on said Easterly right-of-way line and there terminating. Said
I I poi Found 5/8" Rebar w/ easement contains 0.26 acres including and subject to all easements
I Aluminum DOT Cap of record.
-4 Iz
I I = NOTE: The West Line of the SE 1/4 is assumed to bear N 01'58'27" W.
ICI to
' I � I rn
II U)II I o
I I= I II to
III
IG)I I
II II CII
G I I 10.0'
II I
20.0' NORTH
P. LOT A OF SCALE 1" = 150'
II I I II f I N
I II Il: I N-I Omni
0 30' 75' 150'
SILVER LVE R OAKS
N 88°17'12" E P.O.B.
60.38 I Permanent LEGEND
Easement
l I�
I I
11 I I N I N 88'17 12 E FOUND 5/8" REBAR
Q with YELLOW SURVEY
SW 1/4
180.00' CAP NO. 14052
II II
SE 1/4 QO SECTION CORNER
00 II LOT 1 OF N O FOUND 5/8" REBAR with
I I N P ORANGE CAP NO. 15084
II I I W SILVER iao
® FOUND T-BAR w/
I III II III � OAKS 15METAL CAP N0. 9761
.0' FIELD MEASUREMENT
I (15.0) PREVIOUSLY RECORDED
pII FENCE LINE II II II -P 1ROW — — — PERMANENT EASEMENT
I I DOT ROW
I I � (121.18
II I I' I I LOT 1 OF 2
I I `0 -NW 1/4--NE 1/4
-N 4 O
SE 1/4
3
SW CORNER Ease ent
SE 1/4 I --SE 11/4
SECTION 23 SW 1/4
T88N, R2E (9s.n)
Survey Location
Fd. "X" in Concrete
South Line of T88N R2E
Pavement Section 23
�„11„11� I hereby certify that this land surveying document was PLAT OF SURVEY
%.%`` ���., prepared and the related survey work was performed by
ENGR & me or under my direct personal supervision and that I Drawn by. D✓H Project No.:7771.00
F .••'•'••. : am 2z /
duly Surveyor under the laws of the
• , Y Drawing Date: 9/17/14
• Stat
Q • ••• Drawing Name: K 17771.00—DBO Utility Ext\ROW—Boundary
• Survey Plots.dwg
w: DANIEL J. :
z : HINGTGEN : m
Wj:• 14052 --<: o l2 'f
'} •• Dan Hingtgen, Surveyor Date
Lic
nse
52
•••••••••••� Myeregist ambit renewa�date is December 31, 2014 engineers+planners+land surveyors
IOWA
Pages or sheets covered by this seal: '����-� SHEET 1 of 1
PREPARED BY:Dan Hingtgen,L.S. 14052 WHKS &co. 1701 Route 35 North East Dubuque, IL 61025 Tel.(815)747-8833
EXHIBIT B PROPERTY OWNER:
Royal Oaks Development Corporation
for
SURVEY REQUESTED BY:
A TEMPORARY CONSTRUCTION EASEMENT FOR WATER MAIN AND FIBER OPTIC City of Dubuque
CABLE UTILITIES LOCATED IN LOT A OF SILVER OAKS IN SECTION 23, TOWNSHIP 88 FIELD SURVEY CONDUCTED ON:
NORTH, RANGE 2 EAST OF THE 5TH PRINCIPAL MERIDIAN, DUBUQUE COUNTY, IOWA 05/14/13
NW CORNER A TEMPORARY CONSTRUCTION EASEMENT, 30.00 FEET IN
SE 1/4 WIDTH, FOR WATER MAIN AND FIBER OPTIC CABLE UTILITIES
SECTION 23 I LOCATED IN LOT A OF SILVER OAKS IN SECTION 23, TOWNSHIP 88
T 88 N, R 2 Eo EASEMENT FOR NORTH, RANGE 2 EAST OF THE 5TH PRINCIPAL MERIDIAN, DUBUQUE
Falls in Water, PIPELINE PER �' COUNTY, IOWA, BEING 15.00 FEET ON EACH SIDE OF THE FOLLOWING
Used Ties to INSTR. N0. 1405-91
Establish Position DESCRIBED CENTERLINE:
I
Commencing at the Southwest (SW) Corner of the Southeast Quarter
(SE 1/4) of said Section 23; thence N 01'58'27" W 484.67 feet along
the West Line of said SE 1/4; thence N 88'17'12" E 85.57 feet to a
II II I N 01°58'27"W ' point on the North Line of Lot 1 of said Silver Oaks and said point
92
202. ' being 35.00 feet perpendicularly distant from the Easterly right—of—way
I�'I Z � �. line of US Highway No. 61; thence N 08'41'01" W 432.81 feet, parallel
II
I 1 O 20.0'x' to, and 35.00 perpendicularly distant from, said Easterly right—of—way I I line; thence N 01'58'27" W 202.92 feet, parallel to, and 35.00 feet
130.0' perpendicularly distant from, said Easterly right—of—way line to a point
I I CO i Found 5/8" Rebar w/ on said Easterly right—of—way line and there terminating. Said
Aluminum DOT Cap easement contains 0.44 acres including and subject to all easements
-.4C �I to of record.
II II U)II < 11 C� NOTE: The West Line of the SE 1/4 is assumed to bear N 01'58'27" W.
I I I I� Io
�15.0'
I I INORTH
zo.o•
11 I �I 11 35.0'
ISI o
1 I I o W SCALE 1" = 150'
1 LOT A OF
1 II II '
30.0' SILVER OAKS 3°' 75' ,5
N 88017'12" E P.O.B.
Permanent LEGEND
85.5T Easement
1 II I FOUND 5/8" REBAR
1 N 88°17'12" ESW 1/4 Q with YELLOW SURVEY
180.00'
1 11 II CAP N0. 14052
11 1 I
SE 1/4 QO SECTION CORNER
90
1 I C) II LOT 1 OF N O FOUND 5/8" REBAR with
I I IJ P ORANGE CAP NO. 15084
1 I 1 W SILVER CoFOUND T-BAR w/
I 1 I I ap Q ® METAL CAP NO. 9761
OAKS
15.0' FIELD MEASUREMENT
I I I (15.o) PREVIOUSLY RECORDED
1 I 0' FENCE LINE
00 11 11 11 II 180.00' TEMPORARY CONSTRUCTION
DOT ROW EASEMENT
1 I � (121.18
ISI 'I I I LOT 1 OF 2
II I 11 A �0 SW 1/4 NW 1/4--NE 1/4
1 ' I I03 Q)0 o Q)0SE 1/4
, 23
SW CORNER Ease ent
SE 1/4 I --SE i1/4
SECTION 23 Sw 1/4
T88N, R2E (66.17)
Fd. "X" in Concrete Survey Location
South Line of T88N R2E
Pavement Section 23
I hereby certify that this land surveying document was PLAT OF SURVEY
prepared and the related survey work was performed by
c$• me or under my direct personal supervision and that I Drawn by. D✓H Project No.:7771.00
Q�'•.••"'••.• �:� am a duly licensed L nd Surveyor under the laws of the Drawing Date 9/17/14
State of Iowa.
Q • • Drawing Name: K-17771.00—DEO Utility Ext 1ROW—Boundoryl
• Survey Plotsdwg
w; DANIEL J.
w
HINGTGEN : m
0 .. 14052 ;o ;
�'� •• � Dan Hingtgen, Land or ateVvhk
;� ••..•••.••• �{ �;� License number: 2
My registration renewal date is December 31, 2014 engineers+planners+land surveyors
Pages or sheets covered by this seal: jL
�04 SHEET 1 of 1
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 103-15
ACCEPTING GRANT OF EASEMENT UPON REAL ESTATE OWNED BY ROYAL
OAKS DEVELOPMENT CORPORATION IN DUBUQUE COUNTY, IOWA
Whereas, the City of Dubuque, Iowa has entered into an Agreement to purchase
certain Easements for the Airport Utility Extension Project from Royal Oaks Development
Corporation which are located in the following described real estate and shown on the
attached Grant of Easement:
and;
Lot A of Silver Oaks in Section 23, Township 88 North, Range 2 East of the 5th
Principal Meridian, Dubuque County, Iowa
Whereas, the terms of the Agreement have been fulfilled.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The City Council hereby accepts the Grant of Easement for the Airport
Utility Extension Project from Royal Oaks Development Corporation attached hereto.
Section 2. The City Manager is hereby authorized and directed to execute and
acknowledge on behalf of the City of Dubuque any instruments in connection therewith.
Passed, approved and adopted this 6th day of April, 2015.
Attest:
Trish L. Gleason, Assistant City Clerk
D. Buol, Mayor
STATE OF IOWA
CERTIFICATE of the CITY CLERK
) SS:
COUNTY OF DUBUQUE )
I, Trish L. Gleason, do hereby certify that I am the duly appointed, qualified,
Assistant City Clerkof the City of Dubuque, Iowa, in the County aforesaid, and as such
Assistant 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. 103-15 is a correct copy of the original Resolution No. 103-15 approved
and adopted by the City Council of the City of Dubuque, Iowa, at a session held by said
Council on the 6th day of April, 2015.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 7t" day of April, 2015.
Trish L. Gleason, Assistant City Clerk