Approval and Acceptance of Easement and Right-of-Way_2620 Dodge Street Copyrighted
June 5, 2017
City of Dubuque Consent Items # 9.
ITEM TITLE: Approval and Acceptance of Easement and Right-of-Way
at 2620 Dodge Street
SUMMARY: City Manager recommending approval and acceptance of
an Easement and Right-of-Way Agreement for an existing
public water main across part of Lot 2 of Plaza 20 No. 2,
located at 2620 Dodge Street owned by KAD 2016, LLC
(Starbucks).
RESOLUTION Accepting a Grant of Easement for Water
Main through, over and across part of Lot 2 of Plaza 20 No.
2, in the City of Dubuque, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Easement and ROW Agreement from KAD 2016- City Manager Memo
Starbucks - MVM Memo
Staff Memo Staff Memo
Resolution Resolutions
Easement and ROW Agreement Supporting Documentation
Area Map Supporting Documentation
THE CITY OF Dubuque
fta B E I 11p y
Masterpiece 012 the Mississippi 2007.2012«2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Approval and Acceptance of an Easement and Right-of-Way Agreement
over KAD 2016, LLC (Starbucks) Property at 2620 Dodge Street in
Dubuque, Iowa
DATE: May 24, 2017
City Engineer Gus Psihoyos recommends City Council approval and acceptance of an
Easement and Right-of-Way Agreement for an existing public water main across part of
Lot 2 of Plaza 20 No. 2, located at 2620 Dodge Street owned by KAD 2016, LLC
(Starbucks).
I concur with the recommendation and respectfully request Mayor and City Council
approval.
vwu
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
Dubuque Engineering Department
THE CITY OF 50 W. 13"Street
All-AmedcaCity Dubuque,1A 52001
DU-B
E r Office(563)9-420570
� � Fax(563)589-4205
TDD(563)5560948
Masterpiece on the Mississippi 2007.2012.2013 engineer@cityofdubuque.org
www.cityofdubuque.org
TO: Michael C. Van Milligen, City Mana
FROM: Gus Psihoyos, City Engineer
SUBJECT: Approval and Acceptance of an Easement and Right of Way Agreement over KAD 2016,
LLC (Starbucks) Property at 2620 Dodge Street in Dubuque, Iowa
DATE: May 23, 2017
INTRODUCTION
The purpose of this memorandum is to seek approval and acceptance of an easement and right of way
agreement for an existing public water main across part of Lot 2 of Plaza 20 No. 2 in the City of
Dubuque.
DISCUSSION
The City of Dubuque currently owns and maintains a public water main located on the property at 2620
Dodge Street, which is currently occupied by a gas station business. The City does have an existing 5'
wide easement over this water main. The property is being sold and the existing gas station is planned
to be replaced by a Starbucks restaurant. During the review of the site improvement plans the Water
Department had requested that the new owners grant a wider easement to allow for maintenance of the
utility. The Water Department had requested a 20' wide easement to meet the City's current SUDAS
standards. The new owner of the property has granted a new, wider, easement to allow the City to
better maintain, repair, and if needed replace the water main utility.
RECOMMENDATION
I recommend approving and accepting the Easement and Right of Way Agreement through, over and
across part of Lot 2 of Plaza 20 No. 2 in the City of Dubuque, Iowa, as shown on the attached
agreement document.
ACTION TO BE TAKEN
I respectfully request approval and acceptance of the Easement and Right of Way Agreement from
KAD 2016, LLC.
Prepared by Nate Kieffer, PLS
cc: Denise Ihrig, Water Department Manager
Brant Schueller, Water Distribution Supervisor
NA E LOCATION MAP DAGIS ,f
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PROPOSED
WATER MAIN
EASEMENT
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DISCLAIMER:This Information was compiled
'sing the Dubuque Area Geographic Informatl on System
DAGIIf,whiIT'codes data created by both me city of N Map Prepared by:
Dubuque and Dubuque county. It Is understood mat,while
th city ofDohogoeand participating agenciesoeuzed me City of Dubuque
most—irentand cmorate information available,DAGIS and 1 inch = 50 feet Engineering Division
its suppliers do not warrant the a000raov or currency of the
information or data contained herein.The city and participating 50 West 13th Street
agencies shall not be held cable for airy direct,indirect,incidental, Dubuque,Iowa 52001
mnsmgoential,punitive,or special damages,whether forAsmeable or
unforeseeable,arising out of me authorized or onaothorised use of 50 25 0 50 Feet Phone:(563)589-4270
this data or me inabwro to o�this data or out of any breach of
warranty whatsoever Fax:(563)589-4205
Prepared bv: Nate Kieffer. City of Dubuaue. 50 W. 13th Street. Dubuaue, IA 52001 (5631589-4270
Return to: Kevin S. Firnstahl, City Clerk, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4121
RESOLUTION NO. 187-17
ACCEPTING A GRANT OF EASEMENT FOR WATER MAIN THROUGH,
OVER AND ACROSS PART OF LOT 2 OF PLAZA 20 NO. 2, IN THE CITY OF
DUBUQUE, IOWA
Whereas, KAD 2016, LLC, has executed an Easement and Right of Way
Agreement for Water Main through, over and across Part of Lot 2 of Plaza 20 No. 2 in
the City of Dubuque, 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 Easement and Right of Way Agreement for Water Main
through, over and across Part of Lot 2 of Plaza 20 No. 2 in the City of Dubuque, Iowa as
shown on the Easement Exhibit, from KAD 2016, LLC, 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 and Right of Way Agreement with the Dubuque County
Recorder.
Passed, approved and adopted this 5th day of June, 2017
Attest:
Kevin -irnstahl,CIVIC, City Clerk
Roy D. Buot, Mayor