Acceptance of Grant of Easement - 1411 N. Grandview Avenue Copyright 2014
City of Dubuque Consent Items # 22.
ITEM TITLE: Acceptance of Grant of Easement - 411 N. Grandview Avenue
SUMMARY: City Manager recommending acceptance of the dedication of Grant of
Easement for Underground Electric, Fiber Optic Cable, Traffic Signals &
Other Appurtenances and Sidewalk from Kristin A. Smith across a portion
of 411 Grandview Avenue.
RESOLUTION Accepting a Grant of Easement for Underground Electric,
Fiber Optic Cable, Traffic Signals & Other Appurtenances and Sidewalk
Through, Over and Across Part of Lot 99 in Woodlawn Park Subdivision,
City of Dubuque, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s)
ATTACHMENTS:
Description Type
❑ Acceptance of Grant of Easement Across 411 Grandview Avenue-MVM Staff Memo
Memo
❑ Staff Memo Staff Memo
❑ Location Map Supporting Documentation
❑ Resolution Resolutions
❑ Grant of Easement Supporting Documentation
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: Acceptance of Grant of Easement for Underground Electric, Fiber Optic
Cable, Traffic Signals & Other Appurtenances and Sidewalk from Kristin
Smith over Property at 411 Grandview Avenue in Dubuque — Grandview
at Loras and Grandview at University Intersection Improvements
DATE: June 29, 2015
City Engineer Gus Psihoyos recommends City Council acceptance of the dedication of
Grant of Easement for Underground Electric, Fiber Optic Cable, Traffic Signals & Other
Appurtenances and Sidewalk from Kristin A. Smith across a portion of 411 Grandview
Avenue. The City of Dubuque will own and maintain the utilities while the property
owners will be responsible for maintenance of any new sidewalk.
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
Dubuque Engineering Department
THE CITY OF 50 W. 13`h Street
Ail•Amedca0v Dubuque,IA 52001
DUB
E t r Office(563)9-420570
� �� Fax(563)589-4205
TDD(563)556-9948
Masterpiece on the Mississippi 2009.2012.2013 engineer@cityofdubuque.org
www.cityofdubuque.org
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Acceptance of Grant of Easement for Underground Electric, Fiber Optic Cable, Traffic Signals &
Other Appurtenances and Sidewalk from Kristin Smith over property at 411 Grandview Ave. in
Dubuque- Grandview at Loras and Grandview at University Intersection Improvements
DATE: June 26, 2015
INTRODUCTION
The purpose of this memorandum is to seek acceptance of a Grant of Easement for Underground Electric, Fiber
Optic Cable, Traffic Signals & Other Appurtenances and Sidewalk across Part of Lot 99 in Woodlawn Park
Subdivision, in the City of Dubuque.
DISCUSSION
Because of the project scope, limited public right of way areas, new ADA requirements for ramps, and the location
of certain underground utility vaults, it was necessary to design some sidewalk and traffic signal pole
improvements on the adjacent private properties. Temporary and permanent sidewalk and utility easements are
being sought so these improvements can be installed and maintained on the private property. Because the
project is partially funded by state/federal monies, the Engineering Department is following the federal guidelines
for property acquisitions.
The property is described as Part of Lot 99 in Woodlawn Park Subdivision, includes a residential building, and is
owned by Kristin A. Smith. The City has negotiated with the owner for an easement to facilitate the construction
and on-going maintenance of the utilities. The City of Dubuque will own and maintain the utilities while the
property owners will be responsible for maintenance of any new sidewalk.
RECOMMENDATION
I recommend accepting the Grant of Easement for Underground Electric, Fiber Optic Cable, Traffic Signals &
Other Appurtenances and Sidewalk across Part of Lot 99 in Woodlawn Park Subdivision, in the City of Dubuque,
as shown on the exhibits attached to the Grant of Easement.
ACTION TO BE TAKEN
I respectfully request acceptance of the dedication of Grant of Easement for Underground Electric, Fiber Optic
Cable, Traffic Signals & Other Appurtenances and Sidewalk from Kristin A. Smith through the adoption of the
enclosed resolution.
Prepared by Nate Kieffer, PLS
cc: John Klosterman, Public Works Supervisor
Don Vogt, Public Works Manager
Steve Sampson Brown, Project Engineer
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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. 217-15
ACCEPTING A GRANT OF EASEMENT FOR UNDERGROUND ELECTRIC, FIBER OPTIC
CABLE, TRAFFIC SIGNALS & OTHER APPURTENANCES AND SIDEWALK THROUGH,
OVER AND ACROSS PART OF LOT 99 IN WOODLAWN PARK SUBDIVISION, CITY OF
DUBUQUE, IOWA
Whereas, Kristin A. Smith has executed a Grant of Easement for Underground Electric,
Fiber Optic Cable, Traffic Signals & Other Appurtenances and Sidewalk through, over and
across Part of Lot 99 in Woodlawn Park Subdivision, City Of Dubuque, Dubuque County, Iowa.
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 Easement for Underground Electric, Fiber Optic Cable, Traffic Signals
& Other Appurtenances and Sidewalk through, over and across Part of Lot 99 in Woodlawn
Park Subdivision, City Of Dubuque, Dubuque County, Iowa from Kristin A. Smith, a copy of
which is attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments in connection herewith.
Section 3. That the City Clerk be and is hereby authorized and directed to record a certified
copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and
Dubuque County Auditor.
Passed, approved and adopted this 6th day of July, 2015.
Attest:
Kevin S. irnstahl, CMC, Ci "y Clerk
1Jt
Roy D. Buol, Mayor
Prepared by: Nate Kieffer, PLS,City of Dubuque,50 W. 13'h Street,Dubuque, IA 52001 (563)589-4270
Return to: Nate Kieffer, PLS,City of Dubuque,-50W. 13'Street,Dubuque, IA 52001 (563)589-4270
GRANT OF EASEMENT FOR UNDERGROUND ELECTRIC, FIBER OPTIC
CABLE, TRAFFIC SIGNALS & OTHER APPURTENANCES AND SIDEWALK
For and in consideration of the sum of One Hundred Twenty Five and 93/100
Dollars ($125.93) and other good and valuable consideration, the receipt whereof
is hereby acknowledged,
Kristin A. Smith
1411 Grandview Avenue
Dubuque, IA 52001
of Dubuque County, State of Iowa, for themselves, their successors, heirs and
assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, a
municipal corporation, its agents and contractors, in perpetuity, from the date
hereof, a right-of-way and easement through, under and across the following
described real estate situated in Dubuque, Iowa, to wit:
Part of Lot 99 in Woodlawn Park Subdivision-City of Dubu ue Iowa
Said easement shall be as shown on the attached Exhibit A for the purpose of
constructing and maintaining underground electric, fiber optic cable, traffic
signals 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 be for the purpose of pedestrian travel
via a public sidewalk. 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 A during the period of
construction until the project is accepted by City Council.
Following any construction, maintenance or repair of said underground electric,
fiber optic cable, traffic signals and other appurtenances, the City of Dubuque
shall restore any disturbed turf area to its original condition. Maintenance and
repair of the newly constructed public sidewalk shall be the responsibility of the
owner of real estate described above per City Code Section 10-1-2 Sidewalk
Installation and Repair.
Subsequent property owners, their successors, heirs or assigns shall not erect
any structure over or within the easement area without obtaining the prior written
consent of the City Engineer.
Subsequent property owners, their successors, heirs and assigns shall not
change the grade, elevation, or contour or perform any construction or
excavation that will diminish the lateral support of said underground electric, fiber
optic cable, traffic signals and other appurtenances and sidewalk 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, remodel or repair said
underground electric, fiber optic cable, traffic signals and other appurtenances
thereon or therein. Said easement shall be binding on all subsequent property
owners, their successors, heirs and assigns.
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Dated at i�>� Iowa thi- _ day of 2015.
Kristin A�mithR- -_._. ;
NOTARY PUBLIC
STATE OF Iowa,
COUNTY OF Dubuque, SS:
On this ( ; Tif day of t. , A.D., 2015 before me the undersigned,
a Notary Public in and for said County, in said State, personally appeared Kristin
A. Smith 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.
�
A 1 s
RUSSELL N KIEFFER Notary Public In and For Said State
C) Commission Number 778626
z ' ' My Commission Expires
rover
May 24 2016
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Doc ID: 008276530006 Type GEN
Kind EASEMENT
Recorded: 07/08/2015 at 04:00:41 PM
Fee Amt: $32.00 Page 1 of 6
Dubuque County Iowa
John Murphy Recorder
File2015-00008840
Prepared by: Nate Kieffer, PLS, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Nate Kieffer, PLS, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
GRANT OF EASEMENT FOR UNDERGROUND ELECTRIC, FIBER OPTIC
CABLE, TRAFFIC SIGNALS & OTHER APPURTENANCES AND SIDEWALK
For and in consideration of the sum of One Hundred Twenty Five and 93/100
Dollars ($125.93) and other good and valuable consideration, the receipt whereof
is hereby acknowledged,
Kristin A. Smith
1411 Grandview Avenue
Dubuque,- IA 52001
of Dubuque County, State of Iowa, for themselves, their successors, heirs and
assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, a
municipal corporation, its agents and contractors, in perpetuity, from the date
hereof, a right-of-way and easement through, under and across the following
described real estate situated in Dubuque, Iowa, to wit:
Part of Lot 99 in Woodlawn Park Subdivision, City of Dubuque, Iowa
Said easement shall be as shown on the attached Exhibit A for the purpose of
constructing and maintaining underground electric, fiber optic cable, traffic
signals 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 be for the purpose of pedestrian travel
via a public sidewalk. 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 A during the period of
construction until the project is accepted by City Council.
Following any construction, maintenance or repair of said underground electric,
fiber optic cable, traffic signals and other appurtenances, the City of Dubuque OO
shall restore any disturbed turf area to its original condition. Maintenance and J
f1 ' CIV Cleric
repair of the newly constructed public sidewalk shall be the responsibility of the
owner of real estate described above per City Code Section 10-1-2 Sidewalk
Installation and Repair.
Subsequent property owners, their successors, heirs or assigns shall not erect
any structure over or within the easement area without obtaining the prior written
consent of the City Engineer.
Subsequent property owners, their successors, heirs and assigns shall not
change the grade, elevation, or contour or perform any construction or
excavation that will diminish the lateral support of said underground electric, fiber
optic cable, traffic signals and other appurtenances and sidewalk 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, remodel or repair said
underground electric, fiber optic cable, traffic signals and other appurtenances
thereon or therein. Said easement shall be binding on all subsequent property
owners, their successors, heirs and assigns.
Dated at
NOTARY PUBLIC
STATE OF Iowa,
COUNTY OF Dubuque, SS:
On this 2(o 771 day of , A.D., 2015 before me, the undersigned,
a Notary Public in and for said County, in said State, personally appeared Kristin
A. Smith 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.
RUSSELL N KIEFFER
Commission Number 778626
My Commission Expires
Ma 24, 2016
"--271/111/1k )C"'"
Notary Public In and For Said State
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EXHIBITA PAGE 2/2
LEGAL DESCRIPTION - EASEMENT FOR UNDERGROUND ELECTRIC, FIBER OPTIC CABLE, TRAFFIC SIGNALS
& OTHER APPURTENANCES AND SIDEWALK
PART OF LOT 99 IN WOODLAWN PARK SUBDIVISION, CITY OF DUBUQUE, IOWA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 99 IN WOODLAWN PARK SUBDIVISION, CITY OF
DUBUQUE, IOWA, THENCE WESTERLY ALONG THE NORTHERLY RIGHT OF WAY LINE OF LORAS
BOULEVARD A DISTANCE OF 3.00 FEET; THENCE NORTHEASTERLY TO A POINT ON THE WESTERLY RIGHT
OF WAY LINE OF GRANDVIEW AVENUE, BEING 3.00 FEET NORTHERLY OF THE SOUTHEASTERLY CORNER
OF SAID LOT 99; THENCE SOUTHERLY ALONG THE WESTERLY RIGHT OF WAY LINE OF GRANDVIEW
AVENUE A DISTANCE OF 3.00 FEET TO THE POINT OF BEGINNING, CONTAINING 4.5 SQUARE FEET MORE
OR LESS.
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. 217-15
ACCEPTING A GRANT OF EASEMENT FOR UNDERGROUND ELECTRIC, FIBER OPTIC
CABLE, TRAFFIC SIGNALS & OTHER APPURTENANCES AND SIDEWALK THROUGH,
OVER AND ACROSS PART OF LOT 99 IN WOODLAWN PARK SUBDIVISION, CITY OF
DUBUQUE, IOWA
Whereas, Kristin A. Smith has executed a Grant of Easement for Underground Electric,
Fiber Optic Cable, Traffic Signals & Other Appurtenances and Sidewalk through, over and
across Part of Lot 99 in Woodlawn Park Subdivision, City Of Dubuque, Dubuque County, Iowa.
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 Easement for Underground Electric, Fiber Optic Cable, Traffic Signals
& Other Appurtenances and Sidewalk through, over and across Part of Lot 99 in Woodlawn
Park Subdivision, City Of Dubuque, Dubuque County, Iowa from Kristin A. Smith, a copy of
which is attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments in connection herewith.
Section 3. That the City Clerk be and is hereby authorized and directed to record a certified
copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and
Dubuque County Auditor.
Passed, approved and adopted this 6th day of July, 2015.
Attest:
Kevin S. irnstahl, CMC, Ciy Clerk
Roy D. Buol, Mayor
CERTIFICATE of the CITY CLERK
STATE OF IOWA )
SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, 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. 217-15 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 7th day of July, 2015.
Kevin Firnstahl, ` MC, "'ity Clerk