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