Utility Easements - Tracy Property Copyright 2014
City of Dubuque Consent Items # 21.
ITEM TITLE: Utility Easements - Tracy Property
SUMMARY: City Manager recommending approval of the purchase of an Easement
Agreement from William D. Tracy, William C. Tracy and Kay J. Tracy for
the construction of the Utility Extension to the Dubuque Regional Airport
and approval of a resolution authorizing the City Manager to take such
further action as is required to complete the purchase of the Easements.
RESOLUTION Approving the Acquisition of Easements Upon Real Estate
Owned by William D. Tracy, William C. Tracy, Kay J. Tracy In Dubuque
County, Iowa
RESOLUTION Accepting Grant of Easements Upon Real Estate Owned
by William D. Tracy, William C. Tracy, Kay J. Tracy In Dubuque County,
Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s)
ATTACHMENTS:
Description Type
❑ City Acquisition of Utility Easements-Tracy Property-MVM memo City Manager Memo
❑ Easement Agreement Supporting Documentation
❑ Staff Memo Staff Memo
❑ Resolution Accepting Easements Resolutions
❑ Grant of Easement Supporting Documentation
❑ Resolution Accepting Easements 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 —Tracy Property
CIP 7102409 Granger Creek Sanitary Sewer Extension
CIP 7402395 Water Extension —Airport
CIP 3002491 Fiber Optic Conduit — Misc.
DATE: March 30, 2015
City Engineer Gus Psihoyos recommends City Council approval of the purchase of an
Easement Agreement from William D. Tracy, William C. Tracy and Kay J. Tracy for the
construction of the Utility Extension to the Dubuque Regional Airport and approval of a
resolution authorizing the City Manager to take such further action as is required to
complete the purchase of the Easements. The total purchase price is $14,656, broken
down as follows:
a) $12,160 for Permanent Sanitary Sewer, Water Main and Fiber Optic Easements
b) $2,496 for Temporary Construction Easements
City Engineer recommends accepting the Grant of Easement from William D. Tracy,
William C. Tracy and Kay J. Tracy and adoption of the attached 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 CITY OF Dubuque
DUB E � 'I I I�c�y
Masterpiece Ott the Mississippi 2007,1011,,0„
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
DATE: March 27, 2015
SUBJECT: City Acquisition of Utility Easements —Tracy Property
CIP 7102409 Granger Creek Sanitary Sewer Extension
CIP 7402395 Water Extension - Airport
CIP 3002491 Fiber Optic Conduit— Misc.
INTRODUCTION
This memorandum seeks City Council approval of the Easement Agreement for the
Tracy 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
The Tracy Property Easement Agreement has been negotiated over the last year. An
appraisal and review appraisal were completed for the easement areas.
We propose to acquire a permanent easement and a temporary construction easement
created for the purpose of constructing the sanitary sewer, 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 Exhibit A
and B of the attached Offer to Buy
DISCUSSION
The terms of the Offer to Buy are as follows:
• Total purchase price: $14,656.00 payable at closing, comprised of:
a. Permanent Sanitary Sewer, Water Main and Fiber Optic Easements:
$12,160.00
b. Temporary Construction Easements: $2,496.00
BUDGET IMPACT
The agreed cost for the permanent and temporary sanitary sewer easement along with
the access easement is $14,656.00.
The budget fund code to support this portion of the project is:
CIP 7102409 - Granger Creek Sanitary Sewer Extension
Budget Amount: $4,294,090.94
Current Fund Balance: $4,174,113.52
Easement Amount: $ 5,496.00
CIP 7402395 Water Extension —Airport
Budget Amount: $5,689,371.16
Current Fund Balance: $5,428,407.58
Easement Amount: $ 8,702.00
CIP 3002491 Fiber Optics to Airport
Budget Amount: $ 310,000.00
Current Fund Balance $ 310,000.00
Easement Amount: $ 458.00
RECOMMENDATION
I recommend approval of the easement agreement for the total of $14,656.00; and
adoption of the attached resolution authorizing the City Manager to take such further
action as is required to complete the purchase of the Easements.
I also recommend accepting the Grant of Easement from William D. Tracy, William C.
Tracy and Kay J. Tracy and adoption of the attached resolution accepting the Grant of
Easement.
ACTION TO BE TAKEN
I request approval of the easement agreement for the total of $14,656.00; and adoption
of the attached resolutions authorizing the City Manager to take such further action as is
required to complete the purchase of the Easements.
I also request accepting the Grant of Easement from William D. Tracy, William C. Tracy
and Kay J. Tracy 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
RESOLUTION NO. 104-15
APPROVING THE ACQUISITION OF EASEMENTS UPON REAL ESTATE OWNED BY
WILLIAM D. TRACY, WILLIAM C. TRACY, KAY J. TRACY IN DUBUQUE COUNTY,
IOWA
Whereas, William D. Tracy, William C. Tracy, and Kay J. Tracy are the owners of
the real property (the Property) legally described as follows:
LOT 2 OF LOT 2 IN THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 14,
TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH PRINCIPAL MERIDIAN,
DUBUQUE COUNTY, IOWA
and;
Whereas, the City Manager has tentatively agreed to purchase certain easements
on the Property (the Easements) for the Airport Utility Extension Project from William D.
Tracy, William C. Tracy, and Kay J. Tracy subject to the approval of an Easement
Agreement and Acceptance between City and William D. Tracy, William C. Tracy, and Kay
J. Tracy by the City Council, such Easements being shown on the attached Easement
Agreement and Acceptance; and
Whereas, the City Council has determined that it would be in the best interests of
the City to approve the purchase of the Easements from William D. Tracy, William C.
Tracy, and Kay J. Tracy.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The City Council hereby approves the Easement Agreement and
Acceptance attached hereto.
Section 2. The City Manager and City Attorney are authorized to take such further
action as is required to complete the purchase of the Easements.
Passed, approved and adopted this 6th day of April, 2015.
D. Buol, Mayor
Attest:
Trish L. Gleason, Assistant City Clerk
Prepared by: Maureen Quann,300 Main Street,Suite 330, Dubuque, Iowa 52001 (563)589-4381
Return to: Todd Irwin,50 West 13"'Street,Dubuque, Iowa 52001 (563)589-4278
EASEMENT AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
WILLIAM D. TRACY AND WILLIAM C. AND KAY J. TRACY
This Easement Agreement ("Agreement") is made and entered into this as day
of Yog r-r k , 2015 by and between the City of Dubuque, Iowa ("City") and
William D. Tracy and William C. and Kay J. Tracy, the owners of certain property
situated in Dubuque County, Iowa.
WHEREAS, William D. Tracy and William C. and Kay J. Tracy (collectively the
"Property Owner") are the owners of real property legally described as follows:
LOT 2 OF LOT 2 IN THE SOUTHEAST QUARTER (SE '/) OF SECTION
14, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5T" PRINCIPAL
MERIDIAN, DUBUQUE COUNTY, IOWA.
("Real Estate"); and
WHEREAS, the City wishes to extend water main, sanitary sewer, and fiber optic
cable utilities to, through, and beyond the Real Estate; and
WHEREAS, the City wishes to obtain permanent utility easements for the
extension water main, sanitary sewer, and fiber optic cable utilities; and
WHEREAS, the City wishes to obtain temporary construction easements for the
extension of water main, sanitary sewer, and fiber optic cable utilities; and
WHEREAS, the City wishes to compensate the Property Owner in consideration
for the grant of such permanent and temporary easements; and
01302015
WHEREAS, the City Council, after due and careful consideration, has concluded
that the extension of water main, sanitary sewer, and fiber optic cable utilities to,
through, and beyond the Real Estate and that obtaining permanent and temporary
easements to extend such utilities by the City on the terms and conditions hereinafter
set forth would further the growth of the City, would provide for the harmonious
development of the City, and would serve the best interests of the City.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
SECTION 1. PROPERTY OWNER APPROVAL. This Agreement is 5ubject to final
approval and execution by the Property Owner by not later than Marc 1 �2015. In the
event that the Property Owner does not approve, execute, and deliver this Agreement to
the City's City Manager by such date, the City in its sole discretion may determine
whether or not to proceed with this Agreement. If the City determines not to proceed,
then this Agreement shall be null and void.
SECTION 2. CITY COUNCIL APPROVAL. This Agreement is subject to final
approval by the City Council by not later than July 1 , 2015. If this Agreement is not
approved by such date, it shall be null and void.
SECTION 3. ADMINISTRATIVE COSTS. City agrees to pay the administrative costs
associated with this Agreement, including the filing and recording costs.
SECTION 4. EASEMENTS.
4.1 Property Owner will grant to City two (2) permanent utility easements for water
main, sanitary sewer, and fiber optic cable utilities ("Permanent Easements"). The
Permanent Easements are described and set forth in the attached Exhibit A.
4.2 Property Owner will grant to City and its agents access to the Real Estate for the
establishment of the temporary construction accesses prior to receiving compensation.
The two (2) temporary construction easements ("Temporary Easements") are described
and set forth in the attached Exhibit B.
4.3 City will pay Property Owner the appraised property value for compensation for
the Permanent Easements and Temporary Easements granted to City.
4.4 Compensation:
Permanent Easements $12,160.00
Temporary Easements $2,496.00
Total Compensation $14,656.00
SECTION 5. FENCE. City will replace the fencing that is disturbed during the course
of construction. Existing openings in the fence will be reinstated in the replaced fencing
2
so that the location of the opening remains the same. The Iowa Department of
Transportation specifications will be met when replacing the disturbed fencing.
SECTION 6. GROWTH AND BRUSH. City will remove all growth and brush
completely from easement areas.
SECTION 7. CROP DAMAGE. City will reimburse Property Owner for any crops
damaged during construction based on the following formula: (Disturbed area x Bushels
per acre) x Dollars per bushel = Reimbursement to Property Owner. Harvest yield and
dollars per bushel must be provided by the Property Owner at the end of the affected
growing season.
SECTION 8. CONTROLLING AGREEMENT AND WRITTEN MODIFICATION. The
parties agree that all understandings and agreements, if any, previously made between
the parties hereto are merged in this Agreement, which alone fully and completely
expresses their understanding with respect to the subject of this Agreement. This
Agreement may not be changed or terminated orally, but only by an instrument in
writing executed by the parties hereto.
SECTION 9. BINDING AGREEMENT. This Agreement shall be binding upon and
inure to the benefit of the parties hereto, their heirs, successors, and assignees and
shall be recorded with the Real Estate and will apply to any subsequent plats and/or
subdivisions of the Real Estate.
SECTION 10. EFFECT OF INVALID PROVISION. If any provision of the Agreement is
held invalid, such invalidity shall not affect any of the other provisions contained herein.
SECTION 11. DEFAULT.
11.1 Failure by Property Owner to substantially observe or perform any material
covenant, condition, obligation, or agreement on its part to be observed or performed
under this Agreement constitutes an event of default ("Event").
11.2 Whenever an Event occurs and is continuing, City may take any one or more of
the following actions after giving written notice by City to Property Owner of the Event,
but only if the Event has not been cured within sixty (60) days following such notice, or if
the Event cannot be cured within sixty (60) days and Property Owner does not provide
assurances to City that the Event will be cured as soon as reasonably possible
thereafter:
A. City may suspend any part of or all of its performance under this
Agreement until it receives assurances from Property Owner, deemed adequate
by City, that Property Owner will cure its default and continue its performance
under this Agreement;
B. City may cancel and rescind this Agreement;
3
C. Property Owner will reimburse City for all amounts expended by City in
connection with the Agreement, and City may take any action, including any legal
action it deems necessary, to recover such amounts from Property Owner; or
D. City may take action, including legal, equitable, or administrative action,
which may appear necessary or desirable to collect any payments due under this
Agreement or to enforce performance and observance of any obligation,
agreement, or covenant under this Agreement.
SECTION 12. NOTICES. Any notice to be delivered pursuant to the terms of the
Agreement shall be delivered or mailed by certified mail, return receipt requested, to the
respective parties at the following addresses:
If to City:
City of Dubuque, Iowa
City Clerk Kevin Firnstahl
50 West 13th Street
Dubuque, IA 52001
If to Property Owner: 75% William D. Tracy
12504 Diamond ridge Ct
Clive, IA 50325-3202
25% William C. and Kay J. Tracy
31467 Bellevue Dr
Bellevue, IA 52031
SECTION 13. GOVERNING LAW. This Agreement is governed by the laws of the
state of Iowa. Appropriate venue for any action arising from or related to this
Agreement is the District Court of Dubuque County, Iowa.
CITY OF DUBUQUE, IOWA
By: )fi.
Roy D. Burg', Mayor
4
PROPERTY OWNER(S)
By: , r
William D. Tracy
ATTEST:
Kevin S. Firnstahl, City Clerk
Trish L. Gleason, Assistant City Clerk
On thisday of , 2015, before me, a Notary Public in and for said
state, personally appe. red Roy D. Buol and Kevin S. Firnstahl known to me to be the
person(s) named in and who executed the foregoing instrument, and acknowledge that
they executed the same as their voluntary act and d
PAMELA J. McCARROP4
Commission Number 772419
My Comm. Exp. 2.oi
he State of Iowa
My Commission expires 4-75-2D15
On this -day of ric...c,k , 2015, before me, a Notary Public in and for said
state, personally appeared William D. Tracy known to me to be the person(s) named in
and who executed the foregoing instrument, and acknowledge that they executed the
same as their voluntary act and deed.
MtCHAEL}TRAY. l
rr ti,sion Number 755837 ° •
201.1= Notary Pub is State of Iowa
My Commission expires t\ -f -ani -7
On thisoofi, day of fl ,c,)., , 2015, before me, a Notary Public in and for said
state, personally appeared William C. Tracy known to me to be the person(s) named in
and who executed the foregoing instrument, and acknowledge that they executed the
same as their voluntary act and deed.
4 Cor mission i' 755837
= 1My Comm. Exp. ir_11'9rL
Notary Pu lic in the State of Iowa
My Commission expires )1-11 -aoii
On thisoti, day ofilov-cl- , 2015, before me, a Notary Public in and for said
state, personally appeared Kay J. Tracy known to me to be the person(s) named in and
who executed the foregoing instrument, and acknowledge that they executed the same
as their voluntary act and deed.
r; TRACY
Cornmi si r Nu er 755837
• Comm, Exp.
5
Notary F'ublic in
My Commission
the State of Iowa
expires til-Il-1oii
EXHIBIT A
6
PREPARED BY:Den Hingtgen,L.S.14052 WEIRS g Co. 1701 Route 35 North East Dubuque,IL 61025 T.I.(815)747-8833
EXHIBIT A PROPERTY OWNER:
Will—D.Tracy and William Craig&
for Nay J.Tracy
TWO PERMANENT UTILITY EASEMENTS FOR WATER MAIN,SANITARY SEWER AND FIBER OPTIC CABLE SURVEY REQUESTED BY:
UTILITIES LOCATED IN LOT 2 OF LOT 2 IN THE SOUTHEAST QUARTER(SE 1/4)OF SECTION 14,TOWNSHIP 88 city of Dubuque
FlFOD SURVEY CONDUCTED ON:
NORTH,RANGE 2 EAST OF THE STH PRINCIPAL MERIDIAN,DUBUQUE COUNTY,IOWA 05/14/17
I NE CORNER PERMANENT EASEMENT
I SE 1/4 AREA BREAKDOWN
SECTION 14 LOT 2-2(NE 114 SE 114)
T 88 N,R 2 E 0.45 ACRES
Fd.Rebar w/Red / LOT 2-2(BE 1/4 BE 1/4)
Cop No.12531 0.73 ACRES
/ LOT 2-2(SW 1/4 BE 1/4)
0.35 ACRES
N 02'18'10' �ii�/ TRACY-SECTION 14
215.14' 02'19'22"W 1.52 ACRES-TOTAL
NE 114 30.90
SE 1/4 P.O.S.
NW 1/4 LOT 1-2 ' E.—t 02
SE 1/4 SE 1/4 /tea
0
na �eAAcrPe N z
W i N
�N4
5 r
00,
LOT 2-2
I i SE 1/1 012'1922°W
�
/ 1NILLVNI O.TRACY(r5%)
J ANo S 26'04'49'W 49.03'
NALUAMCCRTRACY AIG2ANND KAY 108.21' P.O.B.
J. /
P / S39/.36'5rW / P.---t
182.98' / Eoeement#1
— — S 58"35'29'W N 27'3425 E
/� 127.50'
TAMARAC PARK / 261.63' N 39.38'SE
S 69.4T09-W — '( ' 180.70''
187.78' �\ `N 56'3529'E z
LOT A OF < 266.94' N
jLOT 2-2 SE 1/4 //1, `N 69°4TD8'E
t L=248 89• / CITY OF DUBUQUEZO: y"7// •y 183.73'
SW 1/4 Ten=125.48' y� / SAeae
A=17.49'32• N�2, °,rl./wYrr
SE 1/4 B"24;899'29-W 3/28'4°W a�VV/ NOTE: A l utility eaeamente
B� 44' 0/a� u hown hvean are far the
'38gQ;E��2 benefit of the City of Dubuque.
Q 2,
LOT 2-2 }
R=760.00' SE 1/4 ( LEGEND
6 35.18'20'W L=232.28' SET T-BAR with YELLOW
N 35'18'20'E Ten=117.01' m Q
288.50'u A=17.93'45' WILLIAM D.TRACY(75%) SURVEY CAP NO.14052
/ 221.BT Q SEC ON CORNER
R= N 39'69'43E 92200' ' WILLIAM CRAIG AND KAY
L=18.75' N 35.16'20'E 231.42 J.TRACY(25%) ' ® FOUND CORNER
Ten=9.3T (as Called Cut an Plat)
I I I
38
/A/1°09'S'540'7III I III III 38.02'
_1_5.0
'-FlEID MEAS
UREMNT
11'3928' N 90°00'00"E SE 1/4 (1502 PRITAWSLY RECORD
ED15.25' / FNCE UNE
02409' N 01'24109E SE 1/4
9. ' 438.81' PERMANENT EASEMENT7 /S/=
1243N02'12'43'W
18.24' 17AT 2889.16'
N 87°24'30"E __ N 67'24'30"E 1489.88'
----i4 87'2430'E 1179.4T N 87'24'30'E
f f /f f f !M ( BE CORNER
qa
SW CORNER 20.00') LOT 33 SECTION 14 NORTH
BE 1/4 �>. S j' I FURUSETH'S SIXTH T 88 N.R 2 E
SECTION 140 I SUBDIVISION Fd.Concrete
=
T 88 N,R 2 E I PATRICIAATA F. Manament SCALE 1' 700'_
Fd.C—t. ul FURUSETH O 75' 150' 300•
Mm ent ,wo=e..,a U
Al I
1rr I hereby certify that this land surveying document woo
���,,�1• prepared and the related survey work was performed by PLAT OF SURVEY
�•at' •V�`&• ��, me o under my direct personal auu arHalonand that I I-sn b'.tvf P-}1st No.:-400 I I
`Q`�Y ••' '• ar duiy Ilaenxd Land Surveyor under the laws of Ne
.•- '• State of Iowa. 11—In'oats:T/le/1{ NW 11/4--NE Ii/4
❑ANIEL J. Orvwlna Name:Ar l7m.00-aeo ur rb�elRaw-e=,,,d:rls,,.,•r�+++r:e.e
14
HINGTGEN
14052 - Sw 1/4 SE
l••, ,��z Dan Hingtgen,Land Surveyor Data
4,
'Ar
•... �Y�.` License number. 14052DecemberSurvey Location
My registration renewal data Is December 31,2014 mgineas.plamers.land srveyors TBBN R2E
Pages or sheets covered by this seal: SHEET 1 of 2
7
Prepared by:Dan Hingtgen,LS 14052 WHKS&Co. 1701 Route 35 North East Dubuque,IL 61025 Tel.(815)747-8833
PERMANENT UTILITY EASEMENT DESCRIPTION#1
A PERMANENT UTILITY EASEMENT FOR WATER MAIN, SANITARY SEWER AND FIBER
OPTIC CABLE UTILITIES LOCATED IN LOT 2 OF LOT 2 OF THE SOUTHEAST QUARTER
(SE 1/4)OF SECTION 14, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH PRINCIPAL
MERIDIAN, DUBUQUE COUNTY, IOWA, AND MORE COMPLETELY DESCRIBED AS
FOLLOWS:
Commencing at the Southeast(SE) Corner of said Section 14; thence N 02°19'22"W 1469.39
feet along the East Line of said Section 14 to the Point of Beginning; thence continuing
N 02°19'22"W 49.03 feet along said East Line to a point on the South Line of Lot A of Lot 2 of
Lot 2 of said SE 1/4; thence S 26°04'49" W 168.21 feet along said South Line; thence
S 39°36'57"W 182.98 feet along said South Line; thence S 58°35'29" W 261.63 feet along
said South Line; thence S 69°47'09" W 187.78 feet along said South Line; thence
S 36°22'21"W 431.96 feet along said South Line; thence N 72°38'44" W 312.44 feet along
said South Line; thence 248.89 feet Southwesterly along a 800.00 foot radius curve concave
Southeasterly and having a 247.89 feet chord bearing S 40'25'29" W along said South Line;
thence S 35°16'20"W 286.50 feet along said South Line to a point on the Easterly right-of-way
line of US Highway 61 & 151; thence 18.75 feet Southerly along a 922.00 foot radius curve
concave Easterly and having a 18.75 feet chord bearing S 11°39'26"W along said right-of-way
line;thence N 90"00'00"E 15.25 feet;thence N 35°16'20"E 38.02 feet;thence S 01'24'09"W
409.42 feet;thence S 02°12'43"E 18.35 feet to a point on the South Line of said Lot 2 of Lot 2;
thence N 87°24'30" E 20.00 feet along said South Line; thence N 02°12'43" W 17.58 feet;
thence N 01°24'09" E 438.52 feet; thence N 35°16'20" E 221.67 feet; thence 232.28 feet
Northeasterly along a 780.00 foot radius curve concave Southeasterly and having a 231.42 feet
chord bearing N 39°59'43" E;thence S 72°38'44" E 315.52 feet;thence N 36°22'21"E 440.22
feet; thence N 69°47'09" E 183.73 feet; thence N 58°35'29" E 266.94 feet; thence
N 39°36'57"E 188.70 feet; thence N 27°34'25" E 127.50 feet to the Point of Beginning. Said
easement contains 1.16 acres including and subject to all easement of record.
PERMANENT UTILITY EASEMENT DESCRIPTION#2
A PERMANENT UTILITY EASEMENT FOR WATER MAIN, SANITARY SEWER AND FIBER
OPTIC CABLE UTILITIES LOCATED IN LOT 2 OF LOT 2 OF THE SOUTHEAST QUARTER
(SE 1/4)OF SECTION 14, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH PRINCIPAL
MERIDIAN, DUBUQUE COUNTY, IOWA, AND MORE COMPLETELY DESCRIBED AS
FOLLOWS:
Commencing at the Southeast(SE) Corner of said Section 14; thence N 02°19'22"W 2403.31
feet along the East Line of said Section 14 to the Point of Beginning; thence continuing
N 02°19'22"W 30.90 feet along said East Line to a point on the Southeasterly right-of-way line
of US Highway 61 & 151; thence S 38°00'52"W 860.91 feet along said Southeasterly right-of-
way line; thence N 45°40'36" E 150.00 feet; thence N 38°00'52" E 688.70 feet to the Point of
Beginning.Said easement contains 0.36 acres including and subject to all easement of record.
NOTE:The East Line of the SE 1/4 is assumed to bear N 02°19'22"W.
TRACY
SHEET 2 of 2
g
EXHIBIT B
9
PREPARED BY Dan Hi,gtgen.LS.14052 valKs&CO. 1701 Route 35 North East Dubuque,IL 61025 Tel.(816)747-8633
EXHIBIT B PROPERTY OWNER:
William D.Tracy and William Craig&
far Nay J.Tracy
TEMPORARY CONSTRUCTION EASEMENTS LOCATED IN LOT 2 OF LOT 2 IN THE SOUTHEAST QUARTER SURVEY REQUESTED BY:
(SE 1/4)OF SECTION 14,TOWNSHIP 88 NORTH,RANGE 2 EAST OF THE 5TH PRINCIPAL MERIDIAN, City or Dubuque
FIELD Sl/14/1 CONDUCTED ON:
DUBUQUE COUNTY,IOWA as/1a/13
NE CORNER TEMPORARY
BE 1/4 CONSTRUCTION
SECTION 14 EASEMENT
T 88 N,R 2 E TEMPORARY EASEMENT#1
Fd.Rebar w/Red 0.96 ACRES
Cap No.12831 TEMPORARYEASEMENT#2
0.32 ACRES
N 02°19'22°W TOTAL TEMPORARY
230.5T �! EASEMENT-1.30 ACRES
NW 1/4 NE 1/4
SE 1/4 I LOT 1-2 SE 1/4 ml,✓ TEMPORARY CONSTRUCTION
SE 1/4 o EASEMENTS LOCATED IN LOT
2OFLOT 2INTHE
TEMPORARY y4. / SOUTHEAST QUARTER
EASEMENT .d5' ! (SE 1/4)OF SECTION 14,
5 i/ TOWNSHIP 88 NORTH,RANGE
I am Z 2 EAST OF THE STH PRINCIPAL
S 45.40'36•V✓ '�.,aa o MERIDIAN,DUBUQUE
• tw.ar ^a COUNTY,IOWA,AS SHOWN
i• s45.40'36•w
7s.00' ON THIS EXHIBIT
LOT 2-2
% SE 114 345.55'38 W
I .`WILLIAM D.TRACY(16X) 10.49'
/ AND CBY OF
I '(% WEJJAM CRAIOANO NAY DUBUQUE
/ J.TRACY(25X) S 27'34'25'W
/ CO / 128.14' /• SURVEYOR'S NOTE
Temporary Construction
Easement/1 -All BearIng
• ael�° /
S 39° 57'W and Distances ars along
o
terline f Permanent
1 .9T Utility Easement.
i�•� Temporary Construction
Easement/2-All Bearing
a LOT A OF f s 6 29,W z and Dletanaes along
LOT 2-2 BE 1/4 S centerline of Utility.
SW 1/4 I CITY OF DUBUQUE
N 72.38'44"W / c"
SE 1/4 314.00' // S38'222W
I• 43e.09
' LEGEND
_
SET r-BAR wltn r¢Low
TEMPORARY SURVEY CAP NO.14052
/.// `'��•J/
!/
R=7 0.00' Qp SECTION CORNER
L=24o.Y4' EASEMENT _ EouNO catNER
T-121.05' ® (ave C.11.d Out on Pmt)
4025'26° >
S 40'1'13'26'W WILLIAM D.TRACY(75%) 15.0' FELD MEASUREMENT
/t X535'20'48°W 239.32' AND - (7&0') PREVIOUSLY RECORDED
N 80'00'00"W i 290.61- WILLIAM CRAIG AND KAY -�'--K'-FENCE UNE
7.6ZJ.TRACY 25%
I LOT 2-2 ( ) ---PERMANENT CMSTENT
—TEMPORARY CONSl1tUC110N
I- N 01°24'09'E EASEMENT BOIlNOggY
1 459.92' SE 1/4 SE 1/4
I SE 1/4 �MIDIT CONSlRl1CR0N
N 87"24'30"Et ave a 2689.15'
N 87124'30"E 1488.80'
IN -241'30"E 11119.47' I I N 02.13'54•W
// /I/ m BE CORNER
17.BT SECTION 14 NORTH
SW CORNER
BE 1/4 ver.. o I• I I T 88 N.R 2 E
SECTION 14 o I I! ! I Fd.Std Concrete
p Nonumenl SCALE 1" =
T 88 N,R 2 E o PATRICIA F. 300•
Fd.Std.cancete P I I I FURUSETH �—
Mmummt "uouasu r,t I I 0 75' 150' 300'
/11
1r I hereby eartl that this land surveytnW document was
.• preparedand he elatetl survey wok performed by PLAT OF SURVEY
•StIG &• me or under my direct personal superWeion and that 1
Qr>CT •• • atluly
fIowall..-..d Land Surveyor under the I.W.of the Dram bl:AH Pro}ct Nc.:TTn.00 I
Stote oDnwma Oete;.2j7]/rt NW 1/4 NE 1/4
DANIEL J.
O,aw oName:m 1--1--1.1,tsrlwaW-eeW,ee-y1.w.." � I
••� 5
HINGTGEN = 14
ry 14052 •'Y; _
'�>�e •� Dan Hingtgen.Land Surveyor Date SW 1/4 -SE 1
'e,S�•�'•.. •• �.`�` License number. 14052
/OWA My registration renewal date In December 31,2014engfneas+plamers.land sr�o5 Su�wy Lo R2En
Pages or sheets covered by this seal: BN SHEET 1 of 1
10
Prepared by:Dan Hingtgen,LS 14052 WHKS&Co. 1701 Route 35 North East Dubuque,IL 61025 Tel.(815)747-8833
PERMANENT UTILITY EASEMENT DESCRIPTION#1
A PERMANENT UTILITY EASEMENT FOR WATER MAIN, SANITARY SEWER AND FIBER
OPTIC CABLE UTILITIES LOCATED IN LOT 2 OF LOT 2 OF THE SOUTHEAST QUARTER
(SE 1/4)OF SECTION 14,TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH PRINCIPAL
MERIDIAN, DUBUQUE COUNTY, IOWA, AND MORE COMPLETELY DESCRIBED AS
FOLLOWS:
Commencing at the Southeast (SE) Corner of said Section 14; thence N 0219'22"W 1469.39
feet along the East Line of said Section 14 to the Point of Beginning; thence continuing
N 0219'22"W 49.03 feet along said East Line to a point on the South Line of Lot A of Lot 2 of
Lot 2 of said SE 1/4; thence S 26°04'49" W 168.21 feet along said South Line; thence
S 39'36'57"W 182.98 feet along said South Line; thence S 58°35'29"W 261.63 feet along
said South Line; thence S 69°47'09" W 187.78 feet along said South Line; thence
S 3622'21"W 431.96 feet along said South Line; thence N 72°38'44" W 312.44 feet along
said South Line; thence 248.89 feet Southwesterly along a 800.00 foot radius curve concave
Southeasterly and having a 247.89 feet chord bearing S 40'25'29" W along said South Line;
thence S 35°16'20"W 286.50 feet along said South Line to a point on the Easterly right-of-way
line of US Highway 61 & 151; thence 18.75 feet Southerly along a 922.00 foot radius curve
concave Easterly and having a 18.75 feet chord bearing S 11°39'26"W along said right-of-way
line;thence N 90`00'00" E 15.25 feet;thence N 35°16'20" E 38.02 feet;thence S 01'24'09"W
409.52 feet;thence S 02'12'43"E 18.24 feet to a point on the South Line of said Lot 2 of Lot 2;
thence N 8724'30" E 20.00 feet along said South Line; thence N 02°12'43" W 17.49 feet;
thence N 01'24'09" E 438.61 feet; thence N 35°16'20" E 221.67 feet; thence 232.28 feet
Northeasterly along a 780.00 foot radius curve concave Southeasterly and having a 231.42 feet
chord bearing N 39°59'43" E;thence S 72`38'44" E 315.52 feet;thence N 36"22'21"E 440.22
feet; thence N 69°47'09" E 183.73 feet; thence N 58°35'29" E 266.94 feet; thence
N 39°36'57"E 188.70 feet; thence N 27°34'25" E 127.50 feet to the Point of Beginning. Said
easement contains 1.16 acres including and subject to all easement of record.
PERMANENT UTILITY EASEMENT DESCRIPTION#2
A PERMANENT UTILITY EASEMENT FOR WATER MAIN, SANITARY SEWER AND FIBER
OPTIC CABLE UTILITIES LOCATED IN LOT 2 OF LOT 2 OF THE SOUTHEAST QUARTER
(SE 1/4)OF SECTION 14,TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH PRINCIPAL
MERIDIAN, DUBUQUE COUNTY, IOWA, AND MORE COMPLETELY DESCRIBED AS
FOLLOWS:
Commencing at the Southeast (SE) Corner of said Section 14;thence N 02°19'22"W 2403.31
feet along the East Line of said Section 14 to the Point of Beginning; thence continuing
N 02°19'22"W 30.90 feet along said East Line to a point on the Southeasterly right-of-way line
of US Highway 61 & 151; thence S 38°00'52"W 860.91 feet along said Southeasterly right-of-
way line; thence N 45'40'36" E 150.00 feet;thence N 38°00'52" E 688.70 feet to the Point of
Beginning.Said easement contains 0.36 acres including and subject to all easement of record.
NOTE:The East Line of the SE 1/4 is assumed to bear N 02°19'22"W.
TRACY
SHEET 2 of 2
11
RESOLUTION NO. 105-15
ACCEPTING GRANT OF EASEMENTS UPON REAL ESTATE OWNED BY WILLIAM D.
TRACY, WILLIAM C. TRACY, KAY J. TRACY 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 William D. Tracy, William
C. Tracy, and Kay J. Tracy; and;
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 Easements for the Airport
Utility Extension Project from William D. Tracy, William C. Tracy, and Kay J. Tracy
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
to
oy 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. 105-15 is a correct copy of the original Resolution No. 105-15 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 7th day of April, 2015.
Trish L. Gleason, Assistant City Clerk
u
1111
lHll
11
IIH
V.
III
u
11
Doc ID 008215640011 Type GEN
Kind EASEMENT
Recorded: 04/09/2015 at 04:19:22 PM
Fee Amt: $57.00 Page 1 of 11
Dubuque County Iowa
John Murphy Recorder
Fle2015-00004145
RECORDER'S COVER SHEET
GRANT OF EASEMENT
Preparer Information:
Maureen A. Quann, Assistant City Attorney, 300 Main Street, Suite 330, Dubuque, IA
52001, Phone: (563) 589-4381
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 2 OF LOT 2 IN THE SOUTHEAST QUARTER (SE '/) OF SECTION 14,
TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH PRINCIPAL MERIDIAN,
DUBUQUE COUNTY, IOWA
Grantors:
William D. Tracy and
William C. and Kay J. Tracy
Grantees:
The City of Dubuque, Iowa
a 6141 CLQ( IL
Prepared by: Maureen Quann, Assistant City Attorney, 300 Main Street, Suite 330, Dubuque, IA 52001 563-589-4381
Return to: Todd Irwin, Engineering Department, 50 West 13`h Street, Dubuque, IA 52001 563-589-4270
GRANT OF EASEMENT FOR SANITARY SEWER
For and in consideration of the sum of one dollar ($1.00) and other good and valuable
consideration, William D. Tracy and William C. and Kay J. Tracy (Grantors) of Dubuque
County, State of Iowa, for themselves, their successors and assigns, do hereby grant,
sell, and convey to the CITY OF DUBUQUE, IOWA (Grantee), a municipal corporation,
its agents and contractors, in perpetuity, from the date hereof, easements through,
under, and across the following described real estate situated in Dubuque, Iowa, to wit:
LOT 2 OF LOT 2 IN THE SOUTHEAST QUARTER (SE 1/4) OF SECTION
14, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5T" PRINCIPAL
MERIDIAN, DUBUQUE COUNTY, IOWA
And as more particularly shown on the attached exhibits as follows:
Said easements shall be for the purpose of the Airport Utility Extension Project in
accordance with the Plans and Specifications on file in the office of the City Engineer.
Grantors shall not erect any structure over or within the easement areas without
obtaining the prior written approval of the City Engineer.
Grantor, its successors, and assigns shall not change the grade, elevation, or contour or
perform any construction or excavation that will diminish the lateral support of said
utilities without obtaining the prior written consent of the City Engineer.
In its use of the easement areas and in the performance of the work which Grantee is
authorized to perform within the easement areas, Grantee shall avoid any damage to, or
interference with, other improvements within the easement areas or in the vicinity and
minimize disruption to the surface area.
Grantee shall restore the easement areas to a substantially identical condition as
existed prior to Grantee's entry, after the performance or exercise of any of Grantee's
rights or obligations under the terms of this Agreement.
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 Grant of Easement, 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, replace, or repair said utilities thereon or therein.
Dated at Dubuque, Iowa this 3a day of Mixt ck , 2015.
William D. Tracy
William C. Tracy
STATE OF IOW
COUNTY OF D BUQUE, SS:
On this day of , 2015 before me, the undersigned, a Notary
Public in and for said County, in said State, personally appeared William D. Tracy,
William C. Tracy, and Kay J. Tracy, known to me 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.
4
City of Dubuque
MICHAEL TRACY
Oornrnission Number 756637
My Gomm Exp, V1-1 .1')
By: Michael C. Van Milligen
n and For Said State
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
On this Ln day ofC r"► \ , 2015 before me, the undersigned, a Notary
Public in and for said ounty, 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.
Z
•
eA
/cwt.
TRISH L, GLEA ON.
Commission Number 719986
My Commission Expires
�.1�a_ 'ice •I-�
5
Notary Public In and For Said State
Exhibit A
Prepared by: Dan Hingtgen, LS 14052 WHKS & Co. 1701 Route 35 North East Dubuque, IL 61025 Tel. (815) 747-8833
PERMANENT UTILITY EASEMENT DESCRIPTION #1
A PERMANENT UTILITY EASEMENT FOR WATER MAIN, SANITARY SEWER AND FIBER
OPTIC CABLE UTILITIES LOCATED IN LOT 2 OF LOT 2 OF THE SOUTHEAST QUARTER
(SE 1/4) OF SECTION 14, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH PRINCIPAL
MERIDIAN, DUBUQUE COUNTY, IOWA, AND MORE COMPLETELY DESCRIBED AS
FOLLOWS:
Commencing at the Southeast (SE) Corner of said Section 14; thence N 02°19'22"'W 1469.39
feet along the East Line of said Section 14 to the Point of Beginning; thence continuing
N 02°19'22"`W 49.03 feet along said East Line to a point on the South Line of Lot A of Lot 2 of
Lot 2 of said SE 1/4,; thence 5 26°04'49" W 165.21 feet along, said South Line; thence
S 39°36'57" W 182.98' feet along, said South Line; thence S 58°35'29" W 261.63 feet along
said South Line; thence S 69°47'09" W 187.78 feet along said South Line; thence
S 36°22'21" W 431,96 feet along said South Line; thence N 72°38'44" W 312.44 feet along
said South Line; thence 248;89 feet Southwesterly along a 800.00 foot radius curve concave
Southeasterly and having a 247.89 feet chord bearing S 40°25'29" W along said South Line;
thence S 35°16'20" W 286.50 feet along said South Line to a point on the Easterly right-of-way
line of US Highway 61 & 151; thence 18.75 feet Southerly along a 922.00 foot radius curve
concave Easterly and having a 18.75 feet chord bearing S 11°39'26"W along said right-of-way
line; thence N 90°00'00" E 15.25 feet; thence 'N 35°16'20" E 38.02 feet; thence S 01°24'0g' W
409.42 feet; thence S 02°12'43" E 18.35 feet to a point on the South Line of said Lot 2 of Lot 2:
thence N 87°24'30" E 20.00 feet along said South Line; thence N 02°12'43" W 17.58 feet;
thence N 01°24'09" E 438.52 feet; thence N 35°16'20" E 221.67 feet; thence 232.28 feet
Northeasterly along a 780.00 foot radius curve concave Southeasterly and having a 231.42 feet
chord bearing N 39°59'43" E; thence S 72°38'44" E 315.52 feet; thence N 36°2221" E 440.22
feet; thence N 69°47'09" E 1.83.73 feet thence N 58°35'29" E 266.94 feet; thence
N 39°36'57" E 188,70 feet; thence N 27°34'25" E 127.50 feet to the Point of Beginning. Said
easement contains 1.16 acres including and subject to all easement of record.
PERMANENT UTILITY EASEMENT DESCRIPTION #2
A PERMANENT UTILITY EASEMENT FOR WATER MAIN, SANITARY SEWER AND FIBER
OPTIC CABLE UTILITIES LOCATED IN LOT 2 OF LOT 2 OF THE SOUTHEAST QUARTER
(SE 1/4) OF SECTION 14, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH PRINCIPAL
MERIDIAN, DUBUQUE COUNTY, IOWA, AND MORE COMPLETELY DESCRIBED AS.
FOLLOWS:
Commencing at the Southeast (SE) Corner of said Section 14; thence N 02°19'22" W 2403.31
feet along the East Line of said Section 14 to the Point of Beginning; thence continuing
N 02°1922" W 30.90 feet along said East Line to a point on the Southeasterly right-of-way line
of US Highway 61 & 151; thence S 38°00'52" W 860.91 feet along said Southeasterly right-of-
way line; thence N 45`40'36" E 150.00 feet thence N 38°00'52" E 688.70 feet to the Point of
Beginning. Said easement contains 0.36 acres including and subject to all easement of record.
NOTE: The East Line of the SE 1/4 is assumed to bear N 02°19'22" W.
TRACY
SHEET 2 of 2
2
Exhibit B
Prepared by: Dan Hingtgen, LS 14052 WHKS-& Co. 1701 Route 35 North East Dubuque, IL 61025 Tel. (815) 747-8833
PERMANENT UTILITY EASEMENT DESCRIPTION #1
A PERMANENT UTILITY EASEMENT FOR WATER MAIN, SANITARY SEWER AND FIBER
OPTIC CABLE UTILITIES LOCATED IN LOT 2 OF LOT 2 OF THE SOUTHEAST QUARTER
(SE 1/4) OF SECTION 14, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH PRINCIPAL
MERIDIAN, DUBUQUE COUNTY, IOWA, AND MORE COMPLETELY DESCRIBED AS
FOLLOWS:
Commencing at the Southeast (SE) Corner of said Section 14; thence N 02°19'22" W 1469.39
feet along the East Line of said Section 14 to the Point of Beginning; thence continuing
N 02°19'22" W 49.03 feet along said East Line to a point on the South Line of Lot A of Lot 2 of
Lot 2 of said SE 1/4; thence S 26°04'49" W 168.21 feet along said South Line; thence
S 39°36'57" W 182.98 feet along said South Line; thence S 58°35'29" W 261.63 feet along
said South Line; thence S 69°47'09" W 187.78 feet along said South Line; thence
S 36°22'21" W 431.96 feet along said South Line; thence N 72°38'44" W 312.44 feet along
said South Line; thence 248.89 feet Southwesterly along a 800.00 foot radius curve concave
Southeasterly and having a 247.89 feet chord bearing S 40°25'29" W along said South Line;
thence & 35°16'20" W 286.50 feet along, said South Line to a point on the Easterly right-of-way
line of US Highway 61 & 151; thence 18.75 feet Southerly along a 922.00 foot radius curve
concave Easterly and having a 18.75 feet chord bearing 5 11'39'26" W along said right-of-way
line; thence N 90°00'00" E 15.25 feet; thence N 35°16'20" E 38.02 feet; thence S 01°24'09" W
409;52 feet; thence S 02°12'43" E 18.24 feet to a point on the South Line of said Lot 2 of Lot 2;
thence N 87°24'30" E 20.00 feet along said South Line; thence rN 02°12'43" W 17.49 feet;
thence N 01°24'09" E 438.61 feet; thence N 35°16'20" E 221.67 feet; thence 232.28 feet
Northeasterly along a 780.00 foot radius curve concave Southeasterly and having a 231.42 feet
chord bearing N 39°59'43" E; thence S 72°38'44" E 315.52 feet; thence N 36°22'21" E 440.22
feet; thence N 69°47`09" E 183.73 feet; thence N 58"35'29" E 266.94 feet; thence
N 39°36'57" E 188.70 feet; thence N 27°34'25" E 127.50 feet to the Point of Beginning. Said
easement contains 1.16 acres including and subject to all easement of record.
PERMANENT UTILITY EASEMENT DESCRIPTION #2
A PERMANENT UTILITY EASEMENT FOR WATER MAIN, SANITARY SEWER AND FIBER
OPTIC CABLE UTILITIES LOCATED IN LOT 2 OF LOT 2 OF THE SOUTHEAST QUARTER
(SE 1/4) OF SECTION 14, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH PRINCIPAL
MERIDIAN, DUBUQUE COUNTY, IOWA, AND MORE COMPLETELY DESCRIBED AS
FOLLOWS:
Commencing at the Southeast (SE) Corner of said Section 14; thence N 02°19'22" W 2403.31
feet along the East Line of said Section 14 to the Point of Beginning; thence continuing
N 02°19'22" W 30.90 feet along said East Line to a point on the Southeasterly right-of-way line
of US Highway 61 & 151; thence S 38°00'52" W 860.91 feet along said Southeasterly right-of-
way line; thence N 45°40'36" E 150.00 feet; thence N 38°00'52" E 688.70 feet to the Point of
Beginning. Said easement contains 0.36 acres including and subject to all easement of record.
NOTE: The East Line of the SE 1/4 is assumed to bear N 02°19'22" W.
TRACY
SHEET 2 of 2
3
PREPARED BY: Dan Hingtgen, L.S. 14052 WHKS & CO. 1701 Route 35 North East Dubuque, IL 61025 Tel. (815) 747-8833
EXHIBIT A
for
TWO PERMANENT UTILITY EASEMENTS FOR WATER MAIN, SANITARY SEWER AND FIBER OPTIC CABLE
UTILITIES LOCATED IN LOT 2 OF LOT 2 IN THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 14, TOWNSHIP 88
NORTH, RANGE 2 EAST OF THE 5TH PRINCIPAL MERIDIAN, DUBUQUE COUNTY, IOWA
PROPERTY OWNER:
William D. Tracy and William Craig &
Kay J. Tracy
SURVEY REQUESTED BY:
City Dubuque
FIELD SURVEY CONDUCTED ON:
05/14/13
INE CORNER
SE 1/4
PERMANENT EASEMENT
AREA BREAKDOWN
SECTION 14
T 88 N, R 2 E
Fd. Rebar w/ Red //
Cap No. 12631 4, //
j/
LOT 2-2 (NE 1/4 SE 1/4)
0.46 ACRES
LOT 2-2 (SE 1/4 SE 1/4)
0.73 ACRES
LOT 2-2 (SW 1/4 SE 1/4)
/ .4/
0.33 ACRES
////
/
N 02°19'10" W ���/
215.14' /-/
N 02°1922" W
TRACY SECTION 14
1.52 ACRES - TOTAL
NW 1/4
SE 1/4
s,R
waOpaR
TAMARAC PARK
sT
R=800.00'
L=248.89'
SW 1/4. Tan=125.46'
A=17°49'32"
SE 1/4 S 40°25'29"
247
BR0'�'1 0�'
F""OpOpRp°�
I
I
a�
89'
o.o•
f
I
W
��
3
�
NE 1 /4/
SE 1/4 ° o4
°� /
LOT 1-2 �^ �/,�o
SE 1/4 �..,/p� z
/k, a2
J /(1/ N
.6 iebZ
20.0' 0.36 ACRES To
/,� a?N
N 45°40'36" E
// 150.00'
/ / LOT 2-2
° // SE 1/4
.....
--//WILLIAM D. TRACY (75%)
AND S 26°04'49" W
' ---7 WILLIAM CRAIG AND KAY 168.21'
� / J. TRACY (25%) / 3 /
�
Q 7 S 39°36'57" W /
�* 182.98' /
N /, / /
co / S 58°35'29" W /
/
/ 261.63' ../ N
/ d
/ S 69°47'09" W 20.0'
�i
/ 187.78' .c N 58°35'29" E
or"
LOT A OF 266.94'
LOT 2-2 SE 1/4 03 /, N 69°47'09" E
CITY OF DUBUQUE to? 3/rct' 183.73'
//per 1.16 ACRES
a/
ti //40
N72. 3&44„ / 3/ (,
^ w 31244 W �ry'1
/ ���w */G
/ n)
2°38'4477..//n)
/ 315 52, E� �
� LOT 2-2
R=780.00'
N°
1
/
N
39°36'57"
188.70'
z
N
'm
N_
30.90'
P.O.B.
Permanent
Easement #2
O
1
s/
N /•
/
/�
02°19'22" W
49.03'
Permanent P.O.B.
Easement #1
27°34'25" E
127.50'
E
0)
'4.
co
N
c)
w
s
NOTE: All utility easements
shown hereon are for the
benefit of the City of Dubuque.
LEGEND
S 35°16'20"
286.50'
/ 7
R=922.00'
L=18.75'
W
v
/SE 1/4
L=232.28'
/
, Tan=117.01' WILLIAM D. TRACY (75%) w
N 35°16'20" E p=17°03'45" ANDco
( 221.67' N 39°59'43" E WILLIAM CRAIG AND KAY
231.42'
SET T-BAR with YELLOW
z SURVEY CAP NO. 14052
A SECTION CORNER
FOUND CORNER
0
Tan=9.3T I
I
38'02'
(as Called Out on Plat)
A=1°09'54"
S 11°39'26" W I
18.75' II
409.52'
III S 01°24'09" W.-'---f'---I
/ LOT 2-1 I I
S 02°12'43" E
I
I
I0
I
I
I
I
I
N 90°00'00" E SE 1/4
15.25'
N' S E 1 /4
N01°24'09"E
438.61'
N 02°12'43" W
15.0' FIELD MEASUREMENT
(75.0) PREVIOUSLY RECORDED
- - FENCE LINE
-- - PERMANENT EASEMENT
18.24'
f 17.49' 2689.15'
............ N 87°24'30" E
N 87°24'30" E 1489.68'
N 87°24'30" E 1179.47'
/ n /
SW CORNER
"II
>
o
.-
\-1\187°24'30"
20.00'
I
E SE CORNER
LOT 33 SECTION 14
NORTH
SE 1/4 LOT 2-2
SECTION 14
T 88 N, R 2 E
0
p
0
FURUSETH'S SIXTH T 88 N, R 2 E
SUBDIVISION Fd. Concrete
Monument
I PATRICIA F.
SCALE 1" = 300'
Fd. Concrete
Monument 30F LOT 2-1-2
/
W
II
I
I FURUSETH
0 75' 150' 300'
�.................. ,�
•.` ENC'R ..,
j
O�'•.•'•••••.4;14(0\
�- . • Q
Q . .
W . DANIEL J.
I hereby certify that this land surveying document was
prepared and the related survey work was performed by
me or under 4 ,y direct personal supervision and that I
�� am a duly h d Land Surveyor under the laws of the
State of I•
tPI
G ;-
j7 - '`` ;
PLAT OF SURVEY
Drawn by: D✓ll Project No.:7771.00
Drawing Date: 2/19/14
Drawing Name: K' (7771.00-050 Utility Ext\ROW-Boundary\Suwey Plots.dwg
-NW
I
I
1/4--NE
I
1/4-
I
-SW
14
i
1/4--SE
I
I
1
1 4
z . HINGTGEN
- 1- • 14052
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•• ; -5: Dan Hingtgen, �Pd Surveyor Date
'% *••• .....•••• •*,%•`% License numb-r: 14052
engineers+planners+land surveyors
Survey Location
T88N R2E
SHEET 1 of 2
,'1,,, IOWA ��
�� ,`�.. My registration renewal date is December 31, 2014
'""".. Pages or sheets covered by this seal. Z 6.---4.0
Prepared by: Dan Hingtgen, LS 14052 WHKS & Co. 1701 Route 35 North East Dubuque, IL 61025 Tel. (815) 747-8833
PERMANENT UTILITY EASEMENT DESCRIPTION #1
A PERMANENT UTILITY EASEMENT FOR WATER MAIN, SANITARY SEWER AND FIBER
OPTIC CABLE UTILITIES LOCATED IN LOT 2 OF LOT 2 OF THE SOUTHEAST QUARTER
(SE 1/4) OF SECTION 14, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH PRINCIPAL
MERIDIAN, DUBUQUE COUNTY, IOWA, AND MORE COMPLETELY DESCRIBED AS
FOLLOWS:
Commencing at the Southeast (SE) Corner of said Section 14; thence N 02°19'22" W 1469.39
feet along the East Line of said Section 14 to the Point of Beginning; thence continuing
N 02°19'22" W 49.03 feet along said East Line to a point on the South Line of Lot A of Lot 2 of
Lot 2 of said SE 1/4; thence S 26°04'49" W 168.21 feet along said South Line; thence
S 39°36'57" W 182.98 feet along said South Line; thence S 58°35'29" W 261.63 feet along
said South Line; thence S 69°47'09" W 187.78 feet along said South Line; thence
S 36°22'21" W 431.96 feet along said South Line; thence N 72°38'44" W 312.44 feet along
said South Line; thence 248.89 feet Southwesterly along a 800.00 foot radius curve concave
Southeasterly and having a 247.89 feet chord bearing S 40°25'29" W along said South Line;
thence S 35°16'20" W 286.50 feet along said South Line to a point on the Easterly right-of-way
line of US Highway 61 & 151; thence 18.75 feet Southerly along a 922.00 foot radius curve
concave Easterly and having a 18.75 feet chord bearing S 11°39'26" W along said right-of-way
line; thence N 90°00'00" E 15.25 feet; thence N 35°16'20" E 38.02 feet; thence S 01°24'09" W
409.52 feet; thence S 02°12'43" E 18.24 feet to a point on the South Line of said Lot 2 of Lot 2;
thence N 87°24'30" E 20.00 feet along said South Line; thence N 02°12'43" W 17.49 feet;
thence N 01°24'09" E 438.61 feet; thence N 35°16'20" E 221.67 feet; thence 232.28 feet
Northeasterly along a 780.00 foot radius curve concave Southeasterly and having a 231.42 feet
chord bearing N 39°59'43" E; thence S 72°38'44" E 315.52 feet; thence N 36°22'21" E 440.22
feet; thence N 69°47'09" E 183.73 feet; thence N 58°35'29" E 266.94 feet; thence
N 39°36'57" E 188.70 feet; thence N 27°34'25" E 127.50 feet to the Point of Beginning. Said
easement contains 1.16 acres including and subject to all easement of record.
PERMANENT UTILITY EASEMENT DESCRIPTION #2
A PERMANENT UTILITY EASEMENT FOR WATER MAIN, SANITARY SEWER AND FIBER
OPTIC CABLE UTILITIES LOCATED IN LOT 2 OF LOT 2 OF THE SOUTHEAST QUARTER
(SE 1/4) OF SECTION 14, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH PRINCIPAL
MERIDIAN, DUBUQUE COUNTY, IOWA, AND MORE COMPLETELY DESCRIBED AS
FOLLOWS:
Commencing at the Southeast (SE) Corner of said Section 14; thence N 02°19'22" W 2403.31
feet along the East Line of said Section 14 to the Point of Beginning; thence continuing
N 02°19'22" W 30.90 feet along said East Line to a point on the Southeasterly right-of-way line
of US Highway 61 & 151; thence S 38°00'52" W 860.91 feet along said Southeasterly right-of-
way line; thence N 45°40'36" E 150.00 feet; thence N 38°00'52" E 688.70 feet to the Point of
Beginning. Said easement contains 0.36 acres including and subject to all easement of record.
NOTE: The East Line of the SE 1/4 is assumed to bear N 02°19'22" W.
TRACY
SHEET 2 of 2
PREPARED BY: Dan Hingtgen, L.S. 14052 WHKS & Co. 1701 Route 35 North East Dubuque, IL 61025 Tel. (815) 747-8833
EXHIBIT B
for
TEMPORARY CONSTRUCTION EASEMENTS LOCATED IN LOT 2 OF LOT 2 IN THE SOUTHEAST QUARTER
(SE 1/4) OF SECTION 14, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH PRINCIPAL MERIDIAN,
DUBUQUE COUNTY, IOWA
PROPERTY OWNER:
William D. Tracy and William Craig &
Kay J. Tracy
SURVEY REQUESTED BY:
City of Dubuque
FIELD SURVEY CONDUCTED ON:
05/14/13
NE CORNER
SE 1/4
SECTION 14
T 88 N, R 2 E
Fd. Rebar w/ Red
Cap No. 12631
/
/
A
TEMPORARY
CONSTRUCTION
EASEMENT
/
TEMPORARY EASEMENT #1
0.98 ACRES
TEMPORARY EASEMENT #2
0.32 ACRES
TEMPORARY
EASEMENT - 1.30 ACRES
I
NW1/4 I
SE 1/4
I
I
I
NE 1/4
LOT 1-2 SE 1/4
SE 1/4
TEMPORARY
EASEMENT oo;
oo%"
S 45°40'36" W0.0'
150.00' /C"
S 45°40'36"
•j 10.0' LOT
20.0' S E
WILLIAM D. TRACY (75%)
cl AND
/ WILLIAM CRAIG AND KAY
Oo J. TRACY (25%)
�� -'
/
`
N 02°19'22" W 0TOTAL
230.57
20.0'
10.0'
�o
�o0 z
�° o
‘S°~t
ti N
,0.0•
CO
W
75.00' .
2-2
1 /4 S 45°55'39" W I
10.49'
CITY OF/
DUBUQUE
S 27°34'25" W
128.14'
z
o
0
-
iv /
///
/.
/
TEMPORARY CONSTRUCTION
EASEMENTS LOCATED IN LOT
2 OF LOT 2 IN THE
SOUTHEAST QUARTER
(SE 1/4) OF SECTION 14,
TOWNSHIP 88 NORTH, RANGE
2 EAST OF THE 5TH PRINCIPAL
MERIDIAN, DUBUQUE
COUNTY, IOWA, AS SHOWN
ON THIS EXHIBIT
SURVEYOR'S NOTE:
Temporary Construction
Easement #1 - All Bearing
and Distances are along
centerline of Permanent
Utility Easement.
Temporary Construction
Easement #2 - All Bearing
and Distances are along
centerline of Utility.
LEGEND
-
-
4,
SW1/4
SE 1/4
2'
f
j
N 90°00'00" W /
7.62 �
I
�a
S
1J.
10.0'
30•°' S 39°6'57"
/� - 18.97'
7 03 200. »'
77 0 S 58°35'29" W
LOT A OF z
/ • 264.29' o
LOT 2-2 SE 1/4 N
S 69°47'09" W 'm
CITY OF DUBUQUE 3' 185.76' N
I -
N 72°38'44" W
314.00' S 36°22'21" W
I 436.09'
TEMPORARY
R=790.00'
L=240.24' EASEMENT
Tan=121.05' A
10.0'=17°25'26" co
!)
I S 40°13'28" W WILLIAM D. TRACY (75%) bo
co
35°20'48" W 239.32'AND -
290.61' WILLIAM CRAIG AND KAY
TRACY (25%)
W
rn
°
w
-
O SET
SURVEY CAPT-BAR NO.with 14052YELLOW
Q SECTION CORNER
0 FOUND Called CORNER
on Plat)
15.0' FIELD MEASUREMENT
(15.0) PREVIOUSLY RECORDED
-7� -i FENCE LINE
— — — PERMANENT EASEMENT
— . — TEMPORARY CONSTRUCTION
EASEMENT BOUNDARY
I
LOT 2-2
a
LOT 2-1
70.0.........-..,,,
3
�
N 01°24'09"
459.92'
1 1
20.0'
30.0'
E SE 1/4
SE 1/4
A
SE 1/4
I
TEMPORARY CONSTRUCTION
EASEMENT
NORTH
- N 87°24'30" E 20.0'I2689.15'
N 87°24'30" E 1499.68'
N 87°24'30" E 1189.47'
// /�1/
SW CORNER
SE 1/4 LOT2-2
SECTION 14
T 88 N, R 2 E
n1
0
O
p
1 I N 02°13'54"
1 I
i� I
1 "I
1•
W SE CORNER
17.87 SECTION 14
T 88 N, R 2 E
Fd. std. Concrete
Monument
PATRICIA F.
SCALE 1" = 300'
0 75' 150' 300'
Fd. Std. Concrete
Monument N 1/3 OF LOT 2-1-2
/////fI/l
%U
m
I 1
I I
FURUSETH
I
`���uur�,� I hereby certify that this land surveying document was
��,` ,,�,� prepared and the related survey work was performed by
•.` E' '' ' �s me or under my direct personal supervision and that I
�� O�'•.•'•••••.•j � am a duly licensed Land Sur eyor under the laws of the
�.
. Q • . . State of Iowa
(U ' DANIEL J. '�G
.;1J-
_z: HINGTGEN :c= AL'
v : 14052 APArA // , e / N
PLAT OF SURVEY
Drawn by. D✓H Project No.:7771.00
Drawing Date: 2/27/14
Drawing Name: K:\7771.00—DBQ Utility Ext\ROW—Boundory\Survey Plots.dwg
—NW
I
I
11/4 --NE
I
1/4—
—sw 11
I
I
14
/4—
—SE
11
1 4
�
engineers+planners+land surveyors
. 7 •• ; -), / Dan Hingtgen0(L. 1 Surveyor l ate
% * •••••••••••••*
License numbe : 14052
Survey Location
T88N R2E
SHEET 1 of 1
�s`
X11,, /OWA ,,,`sMy registratio renewal date is December 31, 2014
,,.... 1 ......�� /
Pages or sheets covered by this seal: ® (.01,e)