Bard Materials - Grant of Temporary Construction Access Easement Copyright 2014
City of Dubuque Consent Items # 5.
ITEM TITLE: Bard Materials - Grant of Temporary Construction Access Easement
SUMMARY: City Manager recommending acceptance of a temporary construction
access easement from Bard Materials to construct a sanitary sewer
interceptor as part of the Bee Branch Creek Project Contract #7 Railroad
Sewer Crossing Project in Lot 1-2 and Lot 2A Kerper Industrial Park.
RESOLUTION Accepting a Temporary Construction Access Easement for
Sanitary Sewer Interceptor Through, Over and Across Part of Lot 1-2 and
Lot 2A Kerper Industrial Park, in the City of Dubuque, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s)
ATTACHMENTS:
Description Type
❑ Temporary Construction Access Easement from Bard Materials-MVM City Manager Memo
Memo
❑ Resolution Resolutions
❑ Staff Memo Staff Memo
❑ Temporary Construction Access Easement Supporting Documentation
❑ Bard Easement Exhibit 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 a Temporary Construction Access Easement from Bard
Materials
DATE: August 10, 2015
City Engineer Gus Psihoyos recommends City Council acceptance of a temporary
construction access easement from Bard Materials to construct a sanitary sewer
interceptor as part of the Bee Branch Creek Project Contract#7 Railroad Sewer
Crossing Project in Lot 1-2 and Lot 2A Kerper Industrial Park.
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
ADMW=Cft Dubuque,IA 52001
DUB
� 1 � Oftice(563)589-4270
1 I Fax(563)589-4205
TDD(563)556-9948
Masterpiece oiz the Mississippi 2007,2012,201 engineerCcityofdubuque.org
www.cityofdubuque.org
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer �J .
SUBJECT: Acceptance of a Temporary Construction Access Easement from Bard Materials
DATE: August 5, 2015
INTRODUCTION
The purpose of this memorandum is to seek acceptance of a temporary construction access easement
to construct a sanitary sewer interceptor as part of the Bee Branch Creek Project Contract #7 Railroad
Sewer Crossing Project in Lot 1-2 and Lot 2A Kerper Industrial Park in the City of Dubuque, Iowa.
DISCUSSION
The City of Dubuque, Iowa plans to solicit bids for the construction of a trenchless sanitary sewer
crossing of the Canadian Pacific Railway (CPR) tracks as part of the City's Upper Bee Branch Creek
Project.
RECOMMENDATION
I recommend accepting the temporary construction access easement to construct a sanitary sewer
interceptor as part of the Contract #7 Railroad Sewer Crossing Project in Lot 1-2 and Lot 2A Kerper
Industrial Park in the City of Dubuque, Iowa, as shown on the exhibit attached of the temporary
construction access easement.
ACTION TO BE TAKEN
I respectfully request accepting the temporary construction access easement from Bard Materials.
cc: Deron Muehring, Civil Engineer
Steve Sampson-Brown, Project Manager
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. 273-15
ACCEPTING A TEMPORARY CONSTRUCTION ACCESS EASEMENT FOR
SANITARY SEWER INTERCEPTOR THROUGH, OVER AND ACROSS PART OF
LOT 1-2 AND LOT 2A KERPER INDUSTRIAL PARK, IN THE CITY OF DUBUQUE,
IOWA
Whereas, Bard Materials have executed a Temporary Construction Access
Easement for Sanitary Sewer Interceptor through, over and across Lot 1-2 and Lot 2A
Kerper Industrial Park in the 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 Temporary Construction Access Easement for Sanitary
Sewer Interceptor through, over and across Lot 1-2 and Lot 2A Kerper Industrial Park,
in the City of Dubuque, Dubuque County, Iowa from Bard Materials, 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. The City Clerk is hereby authorized to and directed to record this
resolution and easement with the Dubuque County Recorder.
Passed, approved and adopted this 17th day of August, 2015.
Attest:
Kevin ' . irnstahl, CMC, amity Clerk
D. Buol, Mayor
IIlIllIIll IIl
11
111111
IIlI
plgl UV
Doc ID 008300980005 Type GEN
Kind EASEMENT
Recorded: 08/20/2015 at 03:04:54 PM
Fee Amt: $27.00 Page 1 of 5
Dubuque County Iowa
John Murphy Recorder i Q
File2015-00010800
Prepared By:Nate Kieffer, City of Dubuque, 50 W. 13th St., Dubuque, IA 52001
563-589-4270
Return to:Dubuque CityTax AcdCie k 50 W. 13th St. Dubuque IA 52001
re'ss tatement: Bard Materials, 801 Kerper Ct., Dubuque, IA 52001
TEMPORARY CONSTRUCTION ACCESS EASEMENT
For and in consideration of the sum of $1,890.00 and other good and valuable consideration, the receipt
whereof is hereby acknowledged,
Bard Materials (Grantor)
801 Kerper Ct.
Dubuque, Iowa 52001
of Dubuque County, State of Iowa, for themselves, their heirs 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, a right-of-way and easement through, under and across the following
described real estate situated in Dubuque, Iowa, to wit:
Lei" 1124ND L®1'2A KERM )ERIND. PARK all in the City of Dubuque, Iowa
Said easements shall be as shown on the attached Bard Easement Exhibit prepared by IIW, P.C. dated
3/30/15 for the purpose of:
Constructing a Sanitary sewer interceptor as part of the Contract #7 Railroad Sewer Crossing Project
and in accordance with the plans and specifications on file in the office of the City Engineer.
It is understood and agreed that the Grantee herein shall protect existing structures, pavement & utilities
and restore any areas that may become disturbed or damaged as a result of using the easement.
Grantee will coordinate access to minimize disruption of Grantor's operations, and Grantee's vehicles and
equipment will not exceed legal highway loading without prior written approval of the Grantor.
Grantor shall not erect any structure, in the easement area that will inhibit the access of the Grantee.
Grantee shall notify Grantor at least 48 hours in advance of when the easement will be utilized; and provide
the Grantor with the beginning and end use dates. Grantor shall not park or store equipment within the
easement during the specified period of use by Grantee.
Grantee's Contractor shall clean the easement area at the end of each day that the easement is utilized with
a power sweeper broom or equivalent. $d% OQ
Grantee's Contractor shall also install a rock track pad at the west end of the easement and sweep at
additional times during the day if necessary.
Grantor shall not change the grade, elevation, contour or perform any construction or excavation in
easement area that will inhibit Grantee's access and the ability to use the easement that is in place without
prior written approval of the Grantee.
The construction access easement period for the Contract #7 Railroad Sewer Crossing Project shall
commence on the date the Notice to Proceed is issued for the Project and the duration of the easement use
shall be 12 months to allow for the interceptor sewer and pipe casing to be installed through the railroad
right of way. Construction access shall be limited to use by official City of Dubuque vehicles and
construction equipment and its Contractors vehicles to access the project site, and for delivery of
equipment, and materials to and from the site. When using the site Grantee shall not exceed a 5 MPH
vehicle speed.
Grantee agrees to indemnify and hold harmless Grantor from and against any and all claims of any kind
related to or arising out of the negligence of Grantee, its agents and contractors in the use of the easement.
To have and to hold unto the said City of Dubuque, Iowa, 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 thereon or therein.
Dated at Dubuque, Iowa this ,_S`— day of
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
On this b day of Al tA-s, A.D., 2015 before me, the undersigned, a Notary Public in and for
said County, in said State, personally appeared Civact C + i r 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 P_L.BLI.0
BRIAN S. LATHAM
Commission Number 775181
My Comm. Exp. I D'"J 1 5 -
rt
1-44
Notary Public In and For Said State
Attachment: Exhibit EX -BARD
F:IPROJECTS\Bee Branch - Railroad Sewer Crossing #71ROW1Bard Materials\FINALIBard - Temporary Construction Access Easement 7-7-15.docx
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Description
Date
By
BARD EASEMENT EXHIBIT
LOT 1-2 AND LOT 2A KERPER IND. PARK
BEE BRANCH
UPPER BEE BRANCH - PART 1
CITY OF DUBUQUE
P \06\169\169-02\0AAM435\0y..\RAID 1A0U V\0669-0}.BARB.itwiB' DML 3/30/205 } 30 79 ME 5.9333
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. 273-15
ACCEPTING A TEMPORARY CONSTRUCTION ACCESS EASEMENT FOR
SANITARY SEWER INTERCEPTOR THROUGH, OVER AND ACROSS PART OF
LOT 1-2 AND LOT 2A KERPER INDUSTRIAL PARK, IN THE CITY OF DUBUQUE,
IOWA
Whereas, Bard Materials have executed a Temporary Construction Access
Easement for Sanitary Sewer Interceptor through, over and across Lot 1-2 and Lot 2A
Kerper Industrial Park in the 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 Temporary Construction Access Easement for Sanitary
Sewer Interceptor through, over and across Lot 1-2 and Lot 2A Kerper Industrial Park,
in the City of Dubuque, Dubuque County, Iowa from Bard Materials, 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. The City Clerk is hereby authorized to and directed to record this
resolution and easement with the Dubuque County Recorder.
Passed, approved and adopted this 17th day of August, 2015.
Attest:
Kevin Sr. irnstahl, CMC, " ity Clerk
oy D. Buol, Mayor
STATE OF IOWA
CERTIFICATE of tfie CITY CLERK
) 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. 273-15 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 18th day of August, 2015.
46-
Kevi S. Firnstahl, CM , City Clerk