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Grant of Permanent Utility Easement - SW Arterial Project Acceptance_Reuter Copyright 2014 City of Dubuque Consent Items # 13. ITEM TITLE: Grant of Permanent Utility Easement-SW Arterial Project Acceptance SUMMARY: City Manager recommending acceptance of a permanent utility easement for the Southwest Arterial Project across Parcel 161 owned by Elizabeth Reuter. RESOLUTION Accepting a Grant of Permanent Utility Easements for the Southwest Arterial Project from Elizabeth Reuter SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Acceptance of Grant of Permanent Utility Easement City Manager Memo from Reuter-MVM Memo Staff Memo Staff Memo Resolution Resolutions Grant of Permanent Utility Easements Supporting Documentation Aerial E)hibit Supporting Documentation THE CITY OF Dubuque DUB E 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 Grant of Permanent Utility Easement Southwest Arterial Project– Property Acquisition Parcel 161 – Ms. Elizabeth Reuter Iowa DOT Project No. HDP – 2100 (679)-71-31 DATE: February 1, 2017 City Engineer Gus Psihoyos recommends City Council acceptance of a permanent utility easement for the Southwest Arterial Project across Parcel 161 owned by Elizabeth Reuter. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Gus Psihoyos, City Engineer THE CITY OI- DubuqueDU B�B tE AN.AmedcaCity 11 I ! Masterpiece on the Mississippi ,,,,,,.,,,,,.,,,,, TO: Michael C. Van Milligen, City Mana e FROM: Gus Psihoyos, City Engineer SUBJECT: Acceptance of a Grant of Permanent Utility Easement Southwest Arterial Project - Property Acquisition Parcel 161 - Ms. Elizabeth Reuter Iowa DOT Project No. HDP - 2100 (679)--71-31 DATE: February 1, 2017 INTRODUCTION The purpose of this memorandum is to request City Council acceptance of a permanent utility easement for the Southwest Arterial Project across part of the property owned by Elizabeth Reuter legally described as: Lot 1 of 1 of 1 of 1 of 1 of the NW Y2 of the SE '/, Section 11 and across part of Lot *1-1-'i-1 of the NV1i % of the SE i4 and part of Lot 1 of 1 of 7 of the NW i4 of the SE '/ all in Section 11 in the City of Dubuque. DISCUSSION The permanent utility easement is required so that existing impacted utilities by the construction of the Southwest Arterial project can relocate to in the general vicinity of the Military Road Reconstruction project. RECOMMENDATION I recommend accepting the Grant of Permanent Easement through, over and across part of the property owned by Elizabeth Reuter legally described as: Lot 1 of 1 of 1 of 1 of 1 of the NW '/2 of the SE '/, Section 11 and across part of Lot 1-1-1-1 of the NW '/ of the SE '/ and part of Lot 1 of 1 of 7 of the NW '/ of the SE '/ all in Section 11 located in the City of Dubuque., as shown on the as shown on the Permanent Utility Easement exhibit attached hereto. FUNDING SUMMARY The funding for the permanent utility easement acquisition is as follows: Fund Description Amount Federal SAFETEA-LU Funding (80%) $ 5,306.40 City - Local Funding (10%) 663.30 County - Local Funding (10%) 663.30 Easement Funding: J$ 6,633.00 ACTION TO BE TAKEN I reSpeCtfLIlly request acceptance of the Grant of Permanent Utility Easement from Ms. Elizabeth Reuter through the adoption of the attached resolution. 2 161 Reuter, Elizabeth FRONTAGE ROAD PERMANENT UTILITY EASEMENT 1.15 AC + 1 .66AC = 2.81AC Z::Z Z:z � Reuter, Fli2pb et6 TEMP EASEMENT 0.53 AC TURN AROUND ON KNEPPER LN TO CONSTRUCT BYPASS ROAD Q \ I DURING BRIDGE CONSTRUCTION Iw OTEMP EASEMENT 0.07 AC ,fie ADDED 30' PERM ;, William J. CONSTRUCT ENTRANCE ' UTILITY EASEMENT 767 Reuter Eli2ob�th r \ 161 PERMANENT UTILITY O FEE TITLE ACQUISITION 45.33 AC EASEMENT 2.05 AC - - - - - - - - - - - - - - - - - - - - .�! F ADDED 30' PERM UTILITY EASEMENT i 767 176 Rai �.^ - - - - - - - .. . - - - - - - - tea..... & J TEMP EASEMENT 0.58 AC 1 TO CONSTRUCT BYPASS ROAD "" „ '��� 175 [ DURING BRIDGE CONSTRUCTION Z & i Prepared by: Robert D. Schiesl City Hall 50 W 13th Street Dubuque Iowa 52001 Phone: 563.589.4270 Return to: Robert D. Schiesl City Hall 50 W 13th Street Dubuque Iowa 52001 Phone: 563.589.4270 RESOLUTION NO. 32-17 ACCEPTING A GRANT OF PERMANENT UTILITY EASEMENTS FOR THE SOUTHWEST ARTERIAL PROJECT FROM ELIZABETH REUTER Whereas, the City of Dubuque entered into a Purchase Agreement for the purchase of permanent utility easements for the Southwest Arterial Project with Elizabeth Reuter legally described as: A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF 1 OF 1 OF 1 OF 1 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4, SECTION 11, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA AND A PARCEL OF LAND SITUATED IN PART OF LOT 1-1-1-1 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 AND PART OF LOT 1 OF 1 OF 7 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4, ALL IN SECTION 11, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA As more particularly shown on the attached Grant of Permanent Utility Easements; and Whereas, the terms of the Purchase Agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The Grant of Permanent Utility Easements attached hereto is hereby accepted. 2. The City Clerk is authorized and directed to record this Resolution and the Grant of Permanent Utility Easements with the Dubuque County Recorder. Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 161 Reuter PUE Passed, approved and adopted this 6th day of 'ebruary, 2017. Attest: Trish L. Gleason, Assistant City Clerk 4J. Roy D. Buo'Nlayor Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 161 Reuter PUE n 1101 111 11 1111 0 Doc ID 008591900008 Type GEN Kind: EASEMENT Recorded: 02/09/2017 at 12:17:47 PM Fee Amt: $42.00 Page 1 of 8 Dubuque County Iowa John Murphy Recorder F11e2017-00001708 Prepared by: Robert D. Schiesl City Hall 50 W 13th Street Dubuque Iowa 52001 Phone: 563.589.4270 Return to: Robert D. Schiesl City Hall 50 W 13th Street Dubuque Iowa 52001 Phone: 563.589.4270 PERMANENT UTILITY EASEMENTS PURCHASE AGREEMENT PARCEL 161 COUNTY Dubuaue PROJECT HDP -2100 (679)--71-31 NAME Southwest Arterial SELLER: Elizabeth Reuter THIS AGREEMENT entered into this 20th day of January , 2017, by and between Seller and the City of Dubuque, Iowa, Buyer. 1. SELLER AGREES to sell and furnish to Buyer on the form attached hereto and Buyer agrees to buy the permanent utility easements situated in parts of the following A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF 1 OF 1 OF 1, OF 1 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4, SECTION 11, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, and, A PARCEL OF LAND SITUATED IN PART OF LOT 1-1-1-1 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 AND PART OF LOT 1 OF 1 OF 7 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4, ALL IN SECTION 11, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, including the following buildings, improvements and other property: All land. trees. shrubs, landscaping and surfacing attached to the premises souaht and described herein. 2. Possession of the premises is the essence of this agreement and Buyer may enter and assume full use and enjoyment of the premises per the terms of this agreement. SELLER GRANTS Buyer the immediate possession right to enter the premises for the purpose of gathering survey and soil data. SELLER MAY surrender possession of the premises or building or improvements or any part thereof prior to the time at which he has hereinafter agreed to do so, and agrees to give Buyer ten (10) days notice of Seller's intention to do so by calling Buyer. 3. Buyer agrees to pay and SELLER AGREES to grant the right of possession, convey title, and surrender physical possession of the premises as shown on or before the dates listed below. PAYMENT AMOUNT AGREED PERFORMANCE DATE OF PERFORMANCE $ on conveyance of title on surrender of possession $ 6,633.00 on possession and conveyance Upon Buyer approval $ 6,633.00 TOTAL LUMP SUM Breakdown Ac./Sa.Ft. Land by Fee Title Ac./Sq.Ft. in the name of the City of Dubuque Underlying Fee Title Ac./Sq.Ft. in the name of the State of Iowa Permanent Easement 19.239 Ae /Sq.Ft. for Utility Purposes/in the name of the City of Dubuque Temporary Easement Ac./f: 4. SELLER WARRANTS that there are no tenants on the premises holding under lease except: None. 5. This agreement shall apply to and bind the legal successors in interest of the Seller and SELLER AGREES to pay all liens and assessments against the premises, including all taxes and special assessments payable until surrender of possession as required by the Code of Iowa, and agrees to warrant good and sufficient title. 6. Buyer may include mortgages, lienholders, encumbrancers and taxing authorities as payees on warrants issued in payment of this agreement. In addition to the Total Lump Sum, Buyer agrees to pay $0.00 for the cost of adding title documents required by this transaction to Seller's abstract of title. If requested to do so, SELLER WILL deliver to the Buyer an abstract of title to the premises. Buyer agrees to pay the cost of abstract continuation. SELLER AGREES to provide such documentation as may be required by Iowa Land Title Standards to convey merchantable title to Buyer. SELLER ALSO AGREES to obtain court approval of Page 1 this agreement, if requested by Buyer, in the event title to the premises becomes an asset of any estate, trust, conservatorship or guardianship. Buyer agrees to pay court approval costs and all other costs necessary to transfer the premises to Buyer, but not attorney fees. Claims for such transfer costs shall be paid in amounts supported by paid receipts or signed bills. 7. Buyer agrees that any agricultural drain tiles that are located within the premises and are damaged or require relocation by highway construction shall be repaired or relocated at no expense to Seller. Where Buyer specifically agrees to construct and maintain fence, the fence shall be constructed and maintained for vehicle access control purposes only at no expense to Seller. Buyer shall have the right of entry upon Seller's remaining property along the right of way line, if necessary, for the purpose of connecting said drain tile and constructing and maintaining said fence. Seller may pasture against said fence at his own risk. Buyer will not be liable for fencing private property or maintaining the same to restrain livestock. 8. If Seller holds title to the premises in joint tenancy with full rights of survivorship and not as tenants in common at the time of this agreement, Buyer will pay any remaining proceeds to the survivor of that joint tenancy and will accept title solely from that survivor, provided the joint tenancy has not been destroyed by operation of law or acts of Seller. 9. These premises are being acquired for public purposes and this transfer is exempt from the requirements for the filing of a Declaration of Value by the Code of Iowa. 10. The premises also includes all estates, rights, title and interests, including all easements, and all advertising devices and the right to erect such devices as are located thereon. SELLER CONSENTS to any change of grade of the street and accepts payment under this agreement for any and all damages arising therefrom. SELLER ACKNOWLEDGES full settlement and payment from Buyer for all claims per the terms of this agreement and discharges Buyer from liability because of this agreement and the construction of this public improvement project. 11. Seller states and warrants that, to the best of Seller's knowledge, there is no burial site, well, solid waste disposal site, private sewage disposal systems, hazardous substance, nor underground storage tank on the premises described and sought herein, except: None 12. This written agreement constitutes the entire agreement between Buyer and Seller and there is no agreement to do or not to do any act or deed except as specifically provided for herein. 13. Buyer hereby gives notice of Seller's five-year right to renegotiate construction or maintenance damages not apparent at the time of the signing of this agreement as required under Section 66.52 of the Code of Iowa. 14. Buyer hereby agrees to mandate that any utility construction, repair or maintenance project within the permanent utility easement area shall be restored to an equivalent or better condition at the time of completion of said utility construction, repair or maintenance project. 15. Seller's shall be compensated for agricultural crop that is disturbed within the permanent utility easement area resulting from said utility construction, repair or maintenance project. Page 2 SELLER'S SIGNATURE AND CLAIMANT'S CERTIFICATION: Upon due approval and execution by the Buyer, we the undersigned claimants certify the Total Lump Sum payment shown herein is just and unpaid. By: F,I,',..�. , L, Elizabeth Reuter This section to be completed by a Notary Public. Both columns must be completed. SELLER'S ACKNOWLEDGMENT STATE OF /0 14.4 } COUNTY OF % VsQt/ 6Z J E' } ss: -9 On this20day of 4iV �Al,'i undersigned, a Notary Public in and for said State, personally appeared EL) 44(T1-+ GNI'T L By: , A.D. 2017, before me, the to me personally known or • proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. —0444 11 •i)' (Sign in Ink) /2JSS Ul� • 144 r' Pri t Type Name) Notary Public in and for the State of /B G.d A4„I y Z 2 v l BUYER'S ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER: INDIVIDUAL CORPORATE Title(s) of Corporate Officer(s): Corporate Seal is affixed No Corporate Seal procured PARTNER(s): Limited Partnership General Partnership ATTORNEY-IN-FACT EXECUTOR(s) or TRUSTEE(s) GUARDIAN(s) or CONSERVATOR(s) OTHER: SIGNER IS REPRESENTING: List names) of entity(ies) or person(s) RUSSELL N KIEFFER Commission Number 778626 My Commission Expires May 24, 2019 STATE OF IOWA: ss: On this 2071/day of January , 2017, before me, the undersigned, personally appeared &vS n S/ No y o S , known to me to be the b5/V7 of Buyer and who did say that said instrument was signed on behalf of Buyer by the authority duly recorded in its minutes, and acknowledged the execution of said instrument, which signature appears hereon, to be the voluntary act and deed of Buyer and by it voluntarily executed. BUYER'S APPROVA RUSSELL- N KIEFFER '�!�� �' G •) C Commission Number 778626 My, Expires May 2 2019 otary Public in and for the State of Iowa May 24, f --2D-17 Approved 1 y: Gus Psihoyos (Date) City Engineer City of Dubuque, Iowa Page 3 PREPARED BY: MICHAEL R. EAGLE, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, 319-232-6531 LOT I E 39 ACRES SEI/4 NWI/4 SEC II -88-2E PERMANENT UTILITY EASEMENT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: ELIZABETH REUTER COUNTY PARCEL NOS. 1511401002 AND 1511426001 PROJECT PARCEL NO. 161 \ SWI/4 NEI/4 SEC II -88-2E N87°28'15"E 2649.23' CTR SEC II -88-2E FD REBAR W/YELLOW PLASTIC CAP N0.4850 -------- EXISTING PERMANENT UTILITY EASEMENT PERMANENT UTILITY EASEMENT I; SOI °35'50"E 2656.13' LOT I-1-1-1-1 \ NWI/4 SEI/4 P.O.B. P.U.E 2 El/4 COR SEC II -88-2E 1 FD PK NAIL EXISTING PERMANENT UTILITY EASEMENT t`d PERMANENT UTILITY EASEMENT 2 P.O.B. P.U.E I EXISTING TEMPORARY ,EASEMENT DATE SIGNED: 1/14/2017 S 1/4 COR SEC II -88-2E FD SCM I hereby certify that this Land Surveying document was prepared by me or under my direct personal supervision and that I am a duly Licensed Land Surveyor under the laws of jfq State of Iowa. e v MICHAEL A. EAGLE 8505 tea,'+•IQ• 03` W � A COM iICHAEL R. FAME' License number 8505 My license renewal date Pages or sheets covered MES-1W112.—QF 2 /-11-1-2o17 Date is December 32,2018 by this seal: 1 1 EXISTING TEMPORARY EASEMENT 0 150 300 450 600 SCALE IN FEET SHEET 1 OF 2 PERMANENT UTILITY EASEMENT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: ELIZABETH REUTER COUNTY PARCEL NOS. 1511401002 AND 1511426001 PROJECT PARCEL NO. 161 DESCRIPTION: PERMANENT UTILITY EASEMENT 1 PROJECT PARCEL NO. 161 COUNTY PARCEL NO. 1511401002 A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF 1 OF 1 OF 1 OF 1 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4, SECTION 11, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 1 OF 1 OF 1 OF 1 OF 1 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 11 ALSO BEING THE CENTER OF SAID SECTION 11; THENCE SOUTH 01° (DEGREES) 35' (MINUTES) 50" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE WEST LINE OF LOT 1 OF 1 OF 1 OF 1 OF 1 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 11, A DISTANCE OF 485.42 FEET TO THE PRESENT NORTHERLY RIGHT-OF-WAY UNE OF MILITARY ROAD; THENCE NORTH 86°52'44" EAST ON THE PRESENT NORTHERLY RIGHT-OF-WAY UNE OF MILITARY ROAD, 99.76 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE NORTH 60°19'48" EAST, 379.84 FEET; THENCE SOUTH 07°07'44" EAST, 32.48 FEET; THENCE SOUTH 60°19'48" WEST, 307.34 FEET TO THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF MILITARY ROAD; THENCE SOUTH 86°52'44" WEST ON THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF MILITARY ROAD, 67.12 FEET TO THE POINT OF BEGINNING. CONTAINING 10,308 SQUARE FEET OR 0.24 ACRE OF WHICH 974 SQUARE FEET OR 0.02 ACRE IS EXISTING PERMANENT UTILITY EASEMENT. DESCRIPTION: PERMANENT UTILITY EASEMENT 2 PROJECT PARCEL NO. 161 COUNTY PARCEL NO'S. 1511401002 AND 1511426001 A PARCEL OF LAND SITUATED IN PART OF LOT 1-1-1-1 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 AND PART OF LOT 1 OF 1 OF 7 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4, ALL IN SECTION 11, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1 OF 1 OF 1 OF 1 OF 1 ALSO BEING THE CENTER OF SAID SECTION 11; THENCE SOUTH 01° (DEGREES) 35' (MINUTES) 50" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE WEST UNE OF LOT 1 OF 1 OF 1 OF 1 OF 1 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 11, A DISTANCE OF 485.42 FEET TO THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF MILITARY ROAD; THENCE NORTH 86°52'44" EAST ON THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF MILITARY ROAD, 405.27 FEET; THENCE EASTERLY ON THE PRESENT NORTHERLY RIGHT-OF-WAY UNE OF MILITARY ROAD BEING A 1178.92 -FOOT RADIUS CURVE CONCAVE SOUTHERLY AND HAVING A 409.48 -FOOT LONG CHORD BEARING SOUTH 83°07'13" EAST 411.57 FEET (ARC LENGTH); THENCE SOUTH 73°07'16" EAST ON THE PRESENT NORTHERLY RIGHT-OF-WAY UNE OF MILITARY ROAD, 390.20 FEET; THENCE SOUTH 81°37'29" EAST ON THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF MILITARY ROAD, 33.21 FEET; THENCE NORTH 00°45'22" EAST, 110.19 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE NORTH 00°45'22" EAST, 34.10 FEET; THENCE SOUTH 60°52'05" EAST, 401.04 FEET TO THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF MILITARY ROAD; THENCE WESTERLY ON THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF MILITARY ROAD BEING A 905.00 - FOOT RADIUS CURVE CONCAVE NORTHERLY AND HAVING A 64.74 -FOOT LONG CHORD BEARING NORTH 88°28'22" WEST, 64.76 FEET (ARC LENGTH); THENCE NORTH 60°52'05" WEST, 327.46 FEET TO THE POINT OF BEGINNING. CONTAINING 10,928 SQUARE FEET OR 0.25 ACRE OF WHICH 1,023 SQUARE FEET OR 0.02 ACRE IS EXISTING PERMANENT UTILITY EASEMENT. BEARING / DISTANCE PERMANENT UTIUTY EASEMENT 1 1 TO 2 S 01 °35 '50" E 485.42' 2 TO 3 N 86 ° 52 ' 44 " E 99.76 ' 3 TO 4 N 60 °19'48°' E 379.84' 4 TO 5 S 07 ° 07 44 " E 32.48 ' 5 TO 5A S 60 ° 19 48 " W 307.34 ' 5A TO 3 S 86 ° 52 ' 44 " W 67.12 ' A COM BEARING / DISTANCE PERMANENT UTILITY EASEMENT 2 1 TO 2 S 01 ° 35 ° 50 " E 485.42 2 TO 6 N 86 ° 52 ' 44 " E 405.27 6 TO 7 R = 1178.92' L=411.57 LC=S83 °07' 13 "E 409.48 7 TO 8 S 73 0 07 16 " E 390.20 I8 TO 9 S 81 °37'29" E 33.21 19 TO 10 N 00 ° 45 ' 22 " E 110.19 10 TO 11 N 00 0 45 ' 22 " E 34.10 11 TO 12 S 60 ° 52 ' 05 " E 401.04 12 TO 13 R = 905.00' L=64.76 LC=N88°28'22"W 64.74 13 TO 10 N 60 ° 52 ' 05 " W 1 327.46 SHEET 2 OF 2 Prepared by: Robert D. Schiesl City Hall 50 W 13th Street Dubuque Iowa 52001 Phone: 563.589.4270 Return to: Robert D. Schiesl City Hall 50 W 13th Street Dubuque Iowa 52001 Phone: 563.589.4270 RESOLUTION NO. 32-17 ACCEPTING A GRANT OF PERMANENT UTILITY EASEMENTS FOR THE SOUTHWEST ARTERIAL PROJECT FROM ELIZABETH REUTER Whereas, the City of Dubuque entered into a Purchase Agreement for the purchase of permanent utility easements for the Southwest Arterial Project with Elizabeth Reuter legally described as: A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF 1 OF 1 OF 1 OF 1 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4, SECTION 11, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA AND A PARCEL OF LAND SITUATED IN PART OF LOT 1-1-1-1 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 AND PART OF LOT 1 OF 1 OF 7 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4, ALL IN SECTION 11, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA As more particularly shown on the attached Grant of Permanent Utility Easements; and Whereas, the terms of the Purchase Agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The Grant of Permanent Utility Easements attached hereto is hereby accepted. 2. The City Clerk is authorized and directed to record this Resolution and the Grant of Permanent Utility Easements with the Dubuque County Recorder. Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 161 Reuter PUE Passed, approved and adopted this 6th day ofebruary, 2017. 14f1;.,/f,t,,f Roy D. Buo, Mayor Attest: Trish L. Gleason, Assistant City Clerk Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 161 Reuter PUE 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 Clerk of 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. 32-17 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 February, 2017. Trish .Gleason Assistant City Clerk 11 lI!MI 'ltlllIl III!II 111911 llhIU 11 llll Doc ID. 008591910007 Type GEN Kind EASEMENT Recorded: 02/09/2017 at 12:18:20 PM Fee Amt: $37.00 Page 1 of 7 Dubuque County Iowa John Murphy Recorder F11e2017-00001709 Prepared by: Robert D. Schiesl City Hall 50 W 13th Street Dubuque Iowa 52001 Phone: 563.589.4270 Return to: Robert D. Schiesl City Hall 50 W 13th Street Dubuque Iowa 52001 Phone: 563.589.4270 GRANT OF PERMANENT UTILITY EASEMENTS For and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, Elizabeth Reuter, owner of the following described property in Dubuque County, State of Iowa, for herself, her heirs and assigns, does hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA (City), a municipal corporation, its agents and contractors, from the date hereof, permanent utility easements through, under and across the following described real estate situated in Dubuque, Iowa, to wit: A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF 1 OF 1 OF 1 OF 1 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4, SECTION 11, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA And A PARCEL OF LAND SITUATED IN PART OF LOT 1-1-1-1 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 AND PART OF LOT 1 OF 1 OF 7 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4, ALL IN SECTION 11, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5T" P.M., COUNTY OF DUBUQUE, STATE OF IOWA as more particularly shown on the Permanent Utility Easement exhibit attached hereto. Said permanent utility easements shall be for the purpose of constructing, repairing, and maintaining utilities along the Southwest Arterial Project corridor, and other related appurtenances in accordance with the Plans and Specifications currently on file in the office of the City Engineer. Said easements shall also include the right to cut, trim or remove trees, bushes and roots as may be required incident to rights given herein. It is understood and agreed that City shall restore the disturbed area due to the construction. To have and to hold in perpetuity, and the undersigned does hereby expressly covenant that she is the owner in fee of said real estate and has good right to execute 1 this Grant of Permanent Utility Easements, and that City, its agents or contractors, shall at all times during construction have free access to and egress from and over said real estate for the purpose of this Grant of Permanent Utility Easements. Dated at Dubuque, Iowa this to TN day of January , 2017. Eliz- beth Reuter NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this Z ° TM day of January , 2017 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Elizabeth Reuter, owner, to me known to be the identical person named in and who executed the within and foregoing instrument, to which this is attached, and acknowledged that she executed the same as her voluntary act and deed. RUSSELL N KIEFFER Commission Number 778626 My Commission Expires May 24, 2019 2 --z/644-74 Notary Public In and For Said State PREPARED BY:MICHAEL R. FADLE, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, 319-232-5531 PERMANENT UTILITY EASEMENT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: ELIZABETH REUTER COUNTY PARCEL NOS. 1511401002 AND 1511426001 PROJECT PARCEL NO. 161 LOT 1 E 39 ACRES SEI/4 NWI/4 SEC 11-88-2E SWI/4 NEI/4 SEC II -88-2E N87°28'15"E 2649.23' CTR SEC 11-88-2E FD REBAR W/YELLOW PLASTIC CAP NO. 4850 ----------------- EXISTING, PERMANENT UTILITY EASEMENT I PERMANENT UTILITY EASEMENT 501 °35`50"E 2656.13' EI/4 COR SEC 11-88-2E FD PK NAIL EXISTING PERMANENT UTILITY EASEMENT i LOT 1-1-1-1-1 NWI/4 SEI/4 `P \ <(.7\ 0 IN PERMANENT UTILITY EASEMENT 2 P.O.B. P.U.E 2 P.O.B. P.U.E I EXISTING - TEMPORARY EASEMENT DATE SIGNED: 1/14/2017 A COM S 1/4 COR SEC II -88-2E FD SCM I hereby certify that this Land Surveying document was prepared by me or under my direct personal supervision and that I am a duly Licensed Land Surveyor under the laws of pfiq Sfate of Iowa, d -,°/- a { IOHAEL R. FAGLE r% Date License number 8505 My license reneval date is December 31,2018 Pages or sheets covered by this seal: S:FFTS 1 ANIS ? CIF? EXISTING TEMPORARY EASEMENT 150 300 450 600 i I I I I SCALE IN FEET SHEET 1 OF 2 PERMANENT UTILITY EASEMENT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: ELIZABETH REUTER COUNTY PARCEL NOS. 1511401002 AND 1511426001 PROJECT PARCEL NO. 161 DESCRIPTION: PERMANENT UTILITY EASEMENT 1 PROJECT PARCEL NO. 161 COUNTY PARCEL NO. 1511401002 A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF 1 OF 1 OF 1 OF 1 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 114, SECTION 11, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 1 OF 1 OF 1 OF 1 OF 1 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 11 ALSO BEING THE CENTER OF SAID SECTION 11; THENCE SOUTH 01' (DEGREES) 35' (MINUTES) 50" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE WEST UNE OF LOT 1 OF 1 OF 1 OF 1 OF 1 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 11, A DISTANCE OF 485.42 FEET TO THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF MILITARY ROAD; THENCE NORTH 86°52'44" EAST ON THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF MILITARY ROAD, 99.76 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE NORTH 60°19'48' EAST, 379.84 FEET; THENCE SOUTH 07°07'44" EAST, 32.48 FEET; THENCE SOUTH 60°19'48' WEST, 307.34 FEET TO THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF MILITARY ROAD; THENCE SOUTH 86'52'44" WEST ON THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF MILITARY ROAD, 67.12 FEET TO THE POINT OF BEGINNING. CONTAINING 10,308 SQUARE FEET OR 0.24 ACRE OF WHICH 974 SQUARE FEET OR 0.02 ACRE IS EXISTING PERMANENT UTILITY EASEMENT. DESCRIPTION: PERMANENT UTIUTY EASEMENT 2 PROJECT PARCEL NO. 161 COUNTY PARCEL NO'S. 1511401002 AND 1511426001 A PARCEL OF LAND SITUATED IN PART OF LOT 1-1-1-1 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 114 AND PART OF LOT 1 OF 1 OF 7 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4, ALL IN SECTION 11, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1 OF 1 OF 1 OF 1 OF 1 ALSO BEING THE CENTER OF SAID SECTION 11; THENCE SOUTH 01° (DEGREES) 35' (MINUTES) 50" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE WEST UNE OF LOT 1 OF 1 OF 1 OF 1 OF 1 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 11, A DISTANCE OF 485.42 FEET TO THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF MILITARY ROAD; THENCE NORTH 86°52'44" EAST ON THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF MILITARY ROAD, 405.27 FEET; THENCE EASTERLY ON THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF MILITARY ROAD BEING A 1178.92 -FOOT RADIUS CURVE CONCAVE SOUTHERLY AND HAVING A 409.48 -FOOT LONG CHORD BEARING SOUTH 83'07'13" EAST 411.57 FEET (ARC LENGTH); THENCE SOUTH 73'07'16" EAST ON THE PRESENT NORTHERLY RIGHT-OF-WAY UNE OF MILITARY ROAD, 390.20 FEET; THENCE SOUTH 81'37'29" EAST ON THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF MILITARY ROAD, 33.21 FEET; THENCE NORTH 00°45'22" EAST, 110.19 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE NORTH 00'4522" EAST, 34.10 FEET; THENCE SOUTH 60'52'05' EAST, 401.04 FEET TO THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF MILITARY ROAD; THENCE WESTERLY ON THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF MILITARY ROAD BEING A 905.00 - FOOT RADIUS CURVE CONCAVE NORTHERLY AND HAVING A 64.74 -FOOT LONG CHORD BEARING NORTH 88°28'22" WEST, 64.76 FEET (ARC LENGTH); THENCE NORTH 60'52'05" WEST, 327.46 FEET TO THE POINT OF BEGINNING. CONTAINING 10,928 SQUARE FEET OR 025 ACRE OF WHICH 1,023 SQUARE FEET OR 0.02 ACRE IS EXISTING PERMANENT UTILITY EASEMENT. BEARING / DISTANCE PERMANENT UTILITY EASEMENT 1 1 1 TO 2 S 01 ° 35 ' 50 " E 485.42 ' 1 2 TO 3 N 86 ° 52 ' 44 " E 99.76 ' 13 TO 4 N 60 ° 19 ' 48 " E 379.84 ' 14 TO 5 S 07 °07'44" E 32.48' 5 TO 5A 5 60 ° 19 48 " W 307.34 ' 15A TO 3 S 86 ° 52 ' 44 " W 67.12 ' AECOM BEARING / DISTANCE PERMANENT UTILITY EASEMENT 2 1 1 TO 2 5 01 ° 35 ' 50 " E 485.42 2 TO 6 6 TO 7 1 7 TO 8 1 8 TO 9 19 TO 10 110 TO 11 111 TO 12 112 TO 13 13 TO 10 N 86 ° 52 ' 44 " E 40527 R= 1178.92' L=411.57 LC=S83 °07 13"E 409.48 5 73 ° 07 ' 16 " E 390.20 N 81 37 '29" E 3321 N 00 ° 45 ' 22 " E 110.19 N 00 ° 45 ' 22 " E 34.10 5 60 ° 52 ' 05 " E 401.04 R= 905.00' L=64.76 LC=N88°28'22"W 64.74 N 60 ° 52 ' 05 " W I 327.46 SHEET 2 OF 2 Prepared by: Robert D. Schiesl City Hall 50 W 13th Street Dubuque Iowa 52001 Phone: 563.589.4270 Return to: Robert D. Schiesl City Hall 50 W 13th Street Dubuque Iowa 52001 Phone: 563.589.4270 RESOLUTION NO. 32-17 ACCEPTING A GRANT OF PERMANENT UTILITY EASEMENTS FOR THE SOUTHWEST ARTERIAL PROJECT FROM ELIZABETH REUTER Whereas, the City of Dubuque entered into a Purchase Agreement for the purchase of permanent utility easements for the Southwest Arterial Project with Elizabeth Reuter legally described as: A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF 1 OF 1 OF 1 OF 1 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4, SECTION 11, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA AND A PARCEL OF LAND SITUATED IN PART OF LOT 1-1-1-1 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 AND PART OF LOT 1 OF 1 OF 7 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4, ALL IN SECTION 11, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA As more particularly shown on the attached Grant of Permanent Utility Easements; and Whereas, the terms of the Purchase Agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The Grant of Permanent Utility Easements attached hereto is hereby accepted. 2. The City Clerk is authorized and directed to record this Resolution and the Grant of Permanent Utility Easements with the Dubuque County Recorder. Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 161 Reuter PUE Passed, approved and adopted this 6th day of,ebruary, 2017. Roy D. Buo, "Mayor Attest: Trish L. Gleason, Assistant City Clerk Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 161 Reuter PUE CERTIFICATE of the CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) I, Trish L. Gleason, do hereby certify that I am the duly appointed, qualified, Assistant City Clerk of 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. 32-17 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 February, 2017. Trish L. Gleason, Assistant City Clerk