Acceptance of Grant of Easement of Water Main Utility at 14755 N. Cascade Road Copyrighted
July 17, 2017
City of Dubuque Consent Items # 19.
ITEM TITLE: Acceptance of Grant of Easement of Water Main Utility at
14755 North Cascade Road
SUMMARY: City Manager recommending acceptance of the Grant of
Easement for Water Main Utility across Broadview Court
LLC property at 14755 North Cascade Road as part of the
Westside Water System Improvements 2017: Contract C
HWY 20 Water Main Extension that include water main
extension and connection to the Barrington Lakes water
system to the City of Dubuque water supply.
RESOLUTION Accepting A Grant of Easement for Water
Main Utility Through, Over and Across Part of Lot 1A-2 E '/2
SW Fract. '/4& NW Fract. '/4 SW '/4, and part of Lot 1-2 E 'h
SW Fract. '/4& NW Fract. '/4 SW '/4, all in Section 7, T88N,
R2E of 5TH P.M., Dubuque County, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Acceptance of Grant of Easement for Water Main Utility City Manager Memo
over Broadview Court LLC Property-MVM Memo
Staff Memo Staff Memo
Resolution Resolutions
Grantof Easementfor Water Main Utility Supporting Documentation
THE COF Dubuque
DtUB
E All-America
City
Masterpiece on the Mississippi 1 1 1 1"
2009•2012•2013•2019
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Acceptance of Grant of Easement for Water Main Utility over Broadview
Court LLC Property at 14755 North Cascade Road in Dubuque, Iowa
Westside Water System Improvements
Contract C: HWY 20 Water Main Extension
DATE: July 10, 2017
City Engineer Gus Psihoyos recommends City Council acceptance of the Grant of
Easement for Water Main Utility across Broadview Court LLC property at 14755 North
Cascade Road as part of the Westside Water System Improvements 2017: Contract C
HWY 20 Water Main Extension. These improvements include water main extension
and connection to the Barrington Lakes water system to the City of Dubuque water
supply.
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
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
Dubuque Engineering Department
THE CITY OF 50 W. 13`h Street
AN ftftac" Dubuque,IA 52001
DOfficeT TB E (563) 70
V I � Fax(563)589-42059-4205
TDD(563)556-9948
Masterpiece on the Mississippi 2007.2012.2013 engineer@cityofdubuque.org
www.cityofdubuque.org
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer :iu
SUBJECT: Acceptance of a Grant of Easement for Water Main Utility over Broadview Court
LLC Property at 14755 North Cascade Rd. in Dubuque, Iowa
Westside Water System Improvements
Contract C: HWY 20 Water Main Extension
DATE: July 5, 2017
INTRODUCTION
The purpose of this memorandum is to seek approval and acceptance of a Grant of Easement
for Water Main Utility across Broadview Court LLC property being part of Part of Lot 1A-2 E '/2
SW Fract. '/ & NW Fract. 1/ SW '/4, and Part of Lot 1-2 E '/2 SW Fract. '/ & NW Fract. '/ SW
1/, all in Section 7, T88N, R2E of 5t" P.M., Dubuque County, Iowa as part of the Westside
Water System Improvements 2017: Contract C HWY 20 Water Main Extension. These
improvements include water main extension and connection to the Barrington Lakes water
system to the City of Dubuque water supply.
BACKGROUND
In December 2016, the City of Dubuque purchased the Vernon Water Tower, Vernon water
system and the Barrington Lakes water system from Central Iowa Water Association (CIWA).
The intent of the City's purchase was to assist these communities in becoming compliant with
Iowa Department of Natural Resources (IDNR) standards and provide the necessary back-up
water supply and fire suppression by connecting them directly to the City's water supply. The
City is honoring the agreement with CIWA to meet the IDNR water permits for these two
systems in preparing plans to construct a water supply connection from the City of Dubuque's
water system to the Vernon and Barrington Lakes water system. The IDNR water permit
required CIWA to provide a back-up or secondary water supply no later than December 31,
2016, however following the City's recent acquisition, the IDNR has granted a one year time
extension to provide the adequate back up. The IDNR requires the two water systems be
provided with a back- up or secondary water supply no later than December 31, 2017. The
intent of the City is to provide the primary water supply, which has multiple back-up sources,
and abandon the current primary water supply wells located in Vernon and Barrington Lakes.
For the City to meet the strict IDNR water operating permit connection completion date, it was
necessary for the City to seek financial and engineering assistance. The City turned to the
IDNR State Revolving Fund (Iowa SRF) program and hired IIW, P.C. consulting engineers to
prepare loan documents to secure funding for the project. On December 1, 2016, IIW, P.C.
submitted the necessary preliminary engineering report, intended use plan application,
archeological and environmental assessment, and the self-assessment Iowa Water System
Viability documents to request the necessary funding. IIW, P.C. was further retained to
complete the final design plans, specifications, and contract documents for construction. IIW,
P.C. completed the design, prepared the plans for bidding and IDNR construction permit
submittal for Contract A: Water Main Extension from the English Mill Road pump station to
North Cascade Road and Highway 20; and Contract B: English Mill Road pump station.
Contracts A and B were competitively bid in April, with the contractor prepared to start work in
June 2017 to meet the December 1St deadline. A third contract is prepared for bidding,
Contract C HWY 20 Water Main Extension.
DISCUSSION
IIW, P.C. working with City of Dubuque's water department staff have prepared construction
plans providing for the connection of the City's water supply to the Barrington Lakes water
system along Highway 20, known as Contract C. The project is scheduled to be bid to
accommodate a December 1, 2017 completion date schedule.
Contract C includes the installation of a 12-inch water main from the end of an existing water
main located approximately 1,000 LF north of the North Cascade Road and Highway 20
intersection to the north to a connection with the existing water main at the cul-de-sac of Forest
Ridge Drive. The connection at Forest Ridge Drive will consist of construction of a pressure
control station. The project consists of approximately 3,700 LF of 12-inch PVC water main. The
project also includes various water main appurtenances including: fittings, resilient seat gate
valves, fire hydrants, mechanical and push-on joint restraints, etc.; as well as erosion control,
topsoil removal and replacement, and seeding. Traffic control is included in the project to
maintain a safe work site for both the Contractor and the public. This phase of the project will
provide for a second connection or loop into the Barrington Lakes area; the first connection will
be made under Contract A described above. The Broadview Court LLC easement is required
to connect the water main extension along US 20 with the existing Barrington Lakes system on
Forest Ridge Drive.
RECOMMENDATION
I recommend accepting the Grant of Easement for Water Main Utility through, over and across
part of Part of Lot 1A-2 E '/z SW Fract. '/ & NW Fract. 1/ SW '/, and Part of Lot 1-2 E '/2 SW
Fract. '/ & NW Fract. 1/ SW '/, all in Section 7, T88N, R2E of 5t" P.M., Dubuque County, Iowa,
as shown on the attached Grant of Easement document to facilitate the construction of the
Westside Water System Improvements project.
ACTION TO BE TAKEN
I respectfully request acceptance of the Grant of Easement for Water Main Utility from
Broadview Court LLC through the adoption of the enclosed resolution.
Prepared by Nate Kieffer, PLS
cc: Denise Ihrig, Water Department Manager
Brant Schueller, Water Distribution Supervisor
2
Prepared bv: Nate Kieffer. Citv of Dubuaue. 50 W. 13'h Street. Dubuaue. IA 52001 (5631 589-4270
Return to: Kevin S. Firnstahl. Citv Clerk. City of Dubuaue. 50 W. 13th Street. Dubuque. IA 52001 (563) 589-4121
RESOLUTION NO. 258-17
ACCEPTING A GRANT OF EASEMENT FOR WATER MAIN UTILITY
THROUGH, OVER AND ACROSS PART OF LOT 1A-2 E 1/2 SW FRACT. 1/4 &
NW FRACT. 1/4 SW 1/4, AND PART OF LOT 1-2 E 1/2 SW FRACT. 1/4 & NW
FRACT. 1/4 SW 1/4, ALL IN SECTION 7, T88N, R2E OF 5TH P.M., DUBUQUE
COUNTY, IOWA
Whereas, Broadview Court LLC has executed a Grant of Easement for Water
Main Utility through, over and across part of Part of Lot 1A-2 E 1/2 SW Fract. 1/ &
NW Fract. 1/4 SW 1/, and Part of Lot 1-2 E 1/2 SW Fract. 1/ & NW Fract. 1/ SW %,
all in Section 7, T88N, R2E of 5th P.M., 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 Water Main Utility through,
over and across Part of Lot 1A-2 E 1/2 SW Fract. % & NW Fract. 1/ SW 1/4, and
Part of Lot 1-2 E 1/2 SW Fract. 1/ & NW Fract. 1/ SW 1/, all in Section 7, T88N,
R2E of 5th P.M., Dubuque County, Iowa as shown on the attached Grant of
Easement for Water Main Utility and Exhibit A, from Broadview Court 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 Grant of Easement for Water Main Utility with the Dubuque
County Recorder.
Passed, approved and adopted this 17th day of July, 2017
Attest:
Kevin Ilrnstahl, CMG; City Clerk
oy D. Buol, Mayor
Prepared bv: Russell N. Kieffer. Citv of Dubuaue. 50 W. 13th Street. Dubuque. Iowa 52001 (563)589-4270
Return to: Russell N. Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563)589-4270
GRANT OF EASEMENT FOR WATER MAIN UTILITY
For and in consideration of the sum of seven thousand five hundred and 00/100
dollars ($7,500.00) and other good and valuable consideration, the receipt
whereof is hereby acknowledged,
Broadview Court LLC
5340 N. Park Place NE, Ste. 112
Cedar Rapids, Iowa, 52402
of Linn County, State of Iowa, for themselves, their heirs and assigns, do hereby
grant, sell and convey to the CITY OF DUBUQUE, IOWA, a municipal
corporation, its agents and contractors, from thedate hereof, rights of ways and
easements through, under and across the following described real estate
situated in Dubuque County, Iowa, to wit:
Part of Lot 1A-2 E 1/2 SW Fract. 1/4 & NW Fract. 14 SW 1/4, and Part of Lot
1-2 E'/2 SW Fract. 1/4 & NW Fract. 1/4 SW'/, all in Section 7, T88N, R2E of
5th P.M., Dubuque County, Iowa as shown on Exhibit A attached hereto
and by reference made a part hereof.
Said easements shall be as shown on the attached Exhibit A for the purpose of
constructing and maintaining water main 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 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.
It is understood and agreed that the Grantee herein shall restore the disturbed
area due to the construction, maintenance or repair of said water main and other
appurtenances. Grantor shall not erect any structure over or within the easement
area without obtaining the prior written approval of the City Engineer.
Grantor shall not change the grade, elevation, and contour or perform any
construction or excavation that will diminish the lateral support or integrity of said
improvements 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 or repair said water main
thereon or therein.
Dated at Dubuque, Iowa this 9-C''2-% z?, day of Ir--t.Adv.Z„ , 2017.
Broadview Court L.L.C.
Broadview Court L.L.C.
Ron McDonald, {'V...,,8i
R.0c 004690 f dvv.:_nngc�,
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
On this 26'174 day of :11 - we- , A.D., 2017 before me, the undersigned,
a Notary Public in and for said County, in said State, personally appeared John
A. Ferring and Ron McDonald, 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
• May 24, 2019
Notary Public In and For Said State
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NOTE
THIS SURVEY IS SUBJECT TO
EASEMENTS, RESERVATIONS,
RESTRICTIONS AND
RIGHTS-OF-WAY OF RECORD
AND NOT OF RECORD.
LOT 1-2 OF
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SECTION 7
GF'
REDUCED
TCE AREAS:
TCE A': 3,839 SQ. FT.
TCE B': 3,093 SQ. FT.
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PLAT OF EASEMENT
A 20 -FOOT PERMANENT WATER
MAIN EASEMENT LYING WITHIN
LOT 1-2 AND LOT 1A-2 OF THE
E1/2-SW1/4 & NW1/4-SW1/4
IN SECTION 7, T88N, R2E OF
THE 5th PRINCIPAL MERIDIAN,
DUBUQUE COUNTY, IOWA
DATE OF SURVEY: JUNE 13, 2017
TOTAL PERMANENT WATER MAIN
EASEMENT AREA: 4,621 SQUARE FEET
TOTAL TEMPORARY CONSTRUCTION
EASEMENT AREA: 6,932 SQUARE FEET
RED PLASTIC
CAP NO. 12631
`\`\`\��IIIIIII
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JOHN M.
TRANMER
LS 12631
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PROPRIETORS:
\\\`
PROPRIETORS: JOHN W.
& MARY JANE FERRING;
CONTRACT TO:
BROADVIEW COURT, LLC
R.O.W.
■
PLAT OF RECORD:
LOT 1A-2 OF
E1 /2-SW1 /4 &
NW1 /4-SW1 /4
SECTION 6
DOC. NO. 1578-98
LEGEND
WATER MAIN EASEMENT
PROPERTY/R.O.W. LINE
TEMPORARY CONSTRUCTION
EASEMENT (TCE)
RECORDED AS
RIGHT-OF-WAY
FOUND 5/8" IRON REBAR
W/NO CAP OR AS NOTED
I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED
AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY
DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY LICENSED LAND
SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA.
FOR IIW. P.C.
JOHN/M. ff2ANMER
LICE SE NO. 12631
PAGES OR SHEETS COVERED BY THIS SEAL
MY LICENSE RENEWAL DATE IS: 12/31/2018
THIS-SHEET_ONLY
7
IIW. P.0
ARCHITECTURE
• ♦ CIVILENGINEERING
CONSTRUCTION SERVICES
ENVIRONMENTAL ENGINEERING
MUNICIPALENGINEERING
INTEGRITY.EXPERTISE.SOLUTIONS sTRucTURAL ENGINEERING
TRANSPORTATION ENGINEERING
DRAWN JMT PLAT NO. 28 -IA -17
CHECKED CLG PROJ. NO. 1322101
DATE 6-13-17 (SHEET 1 of 1
F: \13\221\22101\DRAWINGS\SURVEY\13221 EASEMENT
11
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Doc ID 008676400006 Type GEN
Kind: EASEMENT
Recorded: 07/20/2017 at 02:53:51 PM
Fee Amt: $32.00 Page 1 of 6
Dubuque County Iowa
John Murphy Recorder
F11e2017-00008994
Prepared by: Russell N. Kieffer. City of Dubuaue. 50 W. 13th Street. Dubuque. Iowa 52001 (563)589-4270
Return to: Russell N. Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563)589-4270
GRANT OF EASEMENT FOR WATER MAIN UTILITY
For and in consideration of the sum of seven thousand five hundred and 00/100
dollars ($7,500.00) and other good and valuable consideration, the receipt
whereof is hereby acknowledged,
Broadview Court LLC
5340 N. Park Place NE, Ste. 112
Cedar Rapids, Iowa, 52402
of Linn County, State of Iowa, for themselves, their heirs and assigns, do hereby
grant, sell and convey to the CITY OF DUBUQUE, IOWA, a municipal
corporation, its agents and contractors, from the date hereof, rights of ways and
easements through, under and across the following described real estate
situated in Dubuque County, Iowa, to wit:
Part of Lot 1A-2 E 1/2 SW Fract. 1/4 & NW Fract. 1/4 SW '/, and Part of Lot
1-2 E 1/2 SW Fract.'/ & NW Fract. 1/4 SW'/, all in Section 7, T88N, R2E of
5th P.M., Dubuque County, Iowa as shown on Exhibit A attached hereto
and by reference made a part hereof.
Said easements shall be as shown on the attached Exhibit A for the purpose of
constructing and maintaining water main 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 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.
0 32 D
It is understood and agreed that the Grantee herein shall restore the disturbed
area due to the construction, maintenance or repair of said water main and other
appurtenances. Grantor shall not erect any structure over or within the easement
area without obtaining the prior written approval of the City Engineer.
Grantor shall not change the grade, elevation, and contour or perform any
construction or excavation that will diminish the lateral support or integrity of said
improvements 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 or repair said water main
thereon or therein.
Dated at Dubuque, Iowa this 94 day of , 2017.
Broadview Court L.L.C.
ohn A. e, ri g, Member
Broadview Court L.L.C.
Ron McDonald, P»MQ�-a
PZaiJ ,M -c d039k.-la /m�3��,
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
On this " day of /L , A.D., 2017 before me, the undersigned,
a Notary Public in and for said County, in said State, personally appeared John
A. Ferring and Ron McDonald, 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
Comms ion Number 778626
My Commission Expires
May 24, 2019
1
Notary Public In and For Said State
Location:
- Proprietor:
Requestor:
Surveyor:
Surveyor
Company:
Index Legend
EAST HALF — SOUTHWEST QUARTER
NORTHWEST QUARTER — SOUTHWEST QUARTER
SECTION 7, T88N, R2E
TABLE MOUND TOWNSHIP
DUBUQUE COUNTY, IOWA
SEE NOTE BELOW (FERRING & BROADVIEW COURT)
CITY OF DUBUQUE
JOHN M. TRANMER
IIW, P.C., 4155 PENNSYLVANIA AVE
DUBUQUE, IOWA 52002-2628
PHONE: (563)556-2464
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Preoared bv: Nate Kieffer. Citv of Dubuaue. 50 W. 13th Street. Dubuaue. IA 52001 (563) 589-4270
Return to: Kevin S. Firnstahl. Citv Clerk. Citv of Dubuaue. 50 W. 13th Street. Dubuque. IA 52001 (563) 589-4121
RESOLUTION NO. 258-17
ACCEPTING A GRANT OF EASEMENT FOR WATER MAIN UTILITY
THROUGH, OVER AND ACROSS PART OF LOT 1A-2 E 1/2 SW FRACT. 1/4 &
NW FRACT. 1/4 SW 1/4, AND PART OF LOT 1-2 E 1/2 SW FRACT. 1/4 & NW
FRACT. 1/4 SW '/4, ALL IN SECTION 7, T88N, R2E OF 5TH P.M., DUBUQUE
COUNTY, IOWA
Whereas, Broadview Court LLC has executed a Grant of Easement for Water
Main Utility through, over and across part of Part of Lot 1A-2 E 1/2 SW Fract. 1/4 &
NW Fract. 1/4 SW 1/4, and Part of Lot 1-2 E 1/2 SW Fract. 1/4 & NW Fract. '/ SW 1/4,
all in Section 7, T88N, R2E of 5th RM., 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 Water Main Utility through,
over and across Part of Lot 1A-2 E 1/2 SW Fract. '/ & NW Fract. '/ SW '/, and
Part of Lot 1-2 E 1/2 SW Fract. % & NW Fract. '/ SW IA, all in Section 7, T88N,
R2E of 5th P.M., Dubuque County, Iowa as shown on the attached Grant of
Easement for Water Main Utility and Exhibit A, from Broadview Court 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 Grant of Easement for Water Main Utility with the Dubuque
County Recorder.
Passed, approved and adopted this 17th day of July, 2017
Attest:
Kevirl S. 11rnstahl,`CMG City 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. 258-17 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 18th day of July, 2017.
7
Kevii! S. Firnstahl, CMcCity Clerk