Acceptance of Grant of Easement for Rhomberg / Windsor Ave. Signalization Project_Kapparos Copyrighted
September 5, 2017
City of Dubuque Consent Items # 6.
ITEM TITLE: Acceptance of Grant of Easement for Rhomberg /Windsor
Avenues Signalization Improvements
SUMMARY: City Manager recommending acceptance of a Grant of
Easement for Traffic Signal, Electric, and Fiber Optics
Utilities from Michael and Sandra Kapparos across part of
Lot 36 in Cook's Addition, in the City of Dubuque.
RESOLUTION Accepting a Grant of Easement for Traffic
Signal, Electric, and Fiber Optics Utilities across part of the
Southeasterly 71' of Lot 36 in Cook's Addition, City of
Dubuque, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Rhomberg at Windsor Acceptance of Grant of City Manager Memo
Easement-MVM Memo
Staff Memo Staff Memo
Resolution Resolutions
Easement Supporting Documentation
Area Map 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 Traffic Signal, Electric, and Fiber
Optics Utilities from Michael and Sandra Kapparos over part of Lot 36 in
Cook's Addition in Dubuque — Rhomberg at Windsor Signalization
Improvements
DATE: August 24, 2017
City Engineer Gus Psihoyos recommends City Council acceptance of a Grant of
Easement for Traffic Signal, Electric, and Fiber Optics Utilities from Michael and Sandra
Kapparos across part of Lot 36 in Cook's Addition, in the City of Dubuque.
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 .�r 50 W. 13"Street
DUB All AneRcaCity Dubuque, 5
2001
Office(563)3)589-49-4
270
111111
Fax(563)589-4205
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 ..,, ` Q
SUBJECT: Acceptance of Grant of Easement for Traffic Signal, Electric, and Fiber Optics Utilities from
Michael and Sandra Kapparos over part of Lot 36 in Cook's Addition in Dubuque— Rhomberg at
Windsor Signalization Improvements
DATE: August 22, 2017
INTRODUCTION
The purpose of this memorandum is to seek acceptance of a Grant of Easement for Traffic Signal, Electric, and
Fiber Optics Utilities across part of Lot 36 in Cook's Addition, in the City of Dubuque. This property is at the
northwest quadrant of Windsor and Rhomberg.
DISCUSSION
Because of the project scope, limited public right of way areas and new ADA requirements for ramps and
sidewalk, it was necessary to design some traffic signal pole improvements on the adjacent private properties.
Permanent utility easements are being sought so these improvements can be installed and maintained on the
private property.
The property is described as part of Lot 36 in Cook's Addition, includes a parking lot serving a business on the
south side of Windsor, and is owned by Michael and Sandra Kapparos. The City has negotiated with the owners
for an easement to facilitate the construction and on-going maintenance of the utilities. The City of Dubuque will
own and maintain the utilities.
RECOMMENDATION
I recommend accepting the Grant of Easement for Traffic Signal, Electric, and Fiber Optics Utilities across part of
Lot 36 in Cook's Addition, in the City of Dubuque, as shown on the exhibits attached to the Grant of Easement.
ACTION TO BE TAKEN
I respectfully request acceptance of the dedication of Grant of Easement for Traffic Signal, Electric, and Fiber
Optics Utilities from Michael and Sandra Kapparos through the adoption of the enclosed resolution.
Prepared by Nate Kieffer, PLS
cc: John Klosterman, Public Works Director
David Ness, Civil Engineer II
Duane Richter, Traffic Engineer
NA E LOCATION MAP DAGIS ,%
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71.0
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. 718_
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PROPOSED
UTILITY 709
EASEMENT FOR
TRAFFIC SIGNAL 5
•' IMPROVEMENTS
2004 *� IN�
�p 710
626 708
F
700 709
2003
629
61 � � ;' � � � 705
8
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DISCLAIMER:This Information was compiled
Ising the Dubuque Area Geographic Informatl on System
DAGIs',whld,I'cl des data cEeated by both me cI of N Map Prepared by:
Dubuque and Dobogoe county. It Is understood mat,while
th cityofD,b,q,eandpnicipbo,gagenciesoeuzedthe City of Dubuque
most—r',tandamuratetfo,matio,available,DAGIsand 1 inch = 50 feet Engineering Division
Its suppliers do not warrant the accuracy oC cogency of the
Info—tion o,data contained herein.The city and pa�ticlpating 50 West 13th Street
agencies shall not be held cable foi-any dlEect,Indirect,Incidental, Dubuque,Iowa 52001
mnsmgoential,punitive,or special damages,whether fu Eesmeable or
-foreseeable,arising offs of me s thorlsed or na.thorlsed ase of 50 25 0 50 Feet Phone:(563)589-4270
this data or the Inability to usre this data or out of any breach of
warranty whatsoever Fax:(563)589-4205
Prepared bv: Nate Kieffer. Citv of Dubuaue. 50 W. 13th Street. Dubuaue, IA 52001 (5631 589-4270
Return to: Nate Kieffer. Citv of Dubuaue. 50 W. 13th Street. Dubuque. IA 52001 (5631 589-4270
RESOLUTION NO. 309-17
ACCEPTING A GRANT OF EASEMENT FOR TRAFFIC SIGNAL, ELECTRIC,
AND FIBER OPTICS UTILITIES ACROSS PART OF THE SOUTHEASTERLY
71' OF LOT 36 IN COOK'S ADDITION, CITY OF DUBUQUE, IOWA
Whereas, Michael and Sandra Kapparos have executed a Grant of
Easement for Traffic Signal, Electric, and Fiber Optics Utilities across Part of the
southeasterly 71' of Lot 36 in Cook's Addition, City of Dubuque, Dubuque County,
Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves
of, accepts and consents to the Grant of Easement for Traffic Signal, Electric, and
Fiber Optics Utilities across Part of the Southeasterly 71' of Lot 36 in Cook's
Addition, City of Dubuque, Dubuque County, Iowa from Michael and Sandra
Kapparos, 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. That the City Clerk be and is hereby authorized and directed to
record a certified copy of this resolution in the offices of the City Assessor,
Dubuque County Recorder and Dubuque County Auditor.
Passed, approved and adopted this 5th day of September, 2017.
Attest:
Kevin l� . Firnstahl, CMd, City Clerk
Roy D. Buol, Mayor
111131111111111111111111111111101111111311111111 ilii ilii
Doc ID: 008701760005 Type: GEN
Kind: EASEMENT
Recorded: 09/08/2017 at 01:42:09 PM
Fee Amt: $27.00 Page 1 of 5
Dubuque County Iowa
John Murphy Recorder
Fi1e201 l —00011188
Prepared by: Nate Kieffer, PLS, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Nate Kieffer, PLS, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
GRANT OF EASEMENT FOR TRAFFIC SIGNAL, ELECTRIC, AND FIBER
OPTICS UTILITIES
For and in consideration of the sum of One Thousand Four Hundred Four and
00/100 Dollars ($1,404.00) and other good and valuable consideration, the
receipt whereof is hereby acknowledged,
Michael J. Kapparos and Sandra P. Kapparos
2010 Winne Ct.
Dubuque, IA 52002
of Dubuque County, State of Iowa, for themselves, their successors, heirs and
assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, a
municipal corporation, its agents and contractors, in perpetuity, from the date
hereof, a right-of-way and easement through, under and across the following
described real estate situated in Dubuque, Iowa, to wit:
PART OF THE SOUTHEASTERLY 71' OF LOT 36 IN COOK'S
ADDITION, CITY OF DUBUQUE, IOWA
Said easement shall be as shown on the attached Exhibit A for the purpose of
constructing and maintaining traffic signals, underground electric and fiber optics
utilities, and appurtenances including but not limited to cabinets, vaults, and
pedestals, 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.
Following any construction, maintenance or repair of said utilities, the City of
Dubuque shall restore any disturbed turf area to its original condition.
Subsequent property owners, their successors, heirs or assigns shall not erect
any structure over or within the easement area without obtaining the prior writtenDo �(
consent of the City Engineer. 3-
cP).)
Subsequent property owners, their successors, heirs and assigns shall not
change the grade, elevation, or contour or perform any construction or
excavation that will diminish the lateral support of said utilities 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, remodel or repair said utilities
thereon or therein. Said easement shall be binding on all subsequent property
owners, their successors, heirs and assigns.
Dated at )b'6c1 -
STATE OF Iowa,
, Iowa this / t/i day of /% tic; v 7 , 2017.
Sandra P. K. eparos
Michael J. a
NOTARY PUBLIC
COUNTY OF Dubuque, SS:
On this f6 771 day of 4 VG US 'i , A.D., 2017 before me, the undersigned,
a Notary Public in and for said County, in said State, personally appeared Sandra
P. Kapparos and Michael J. Kapparos 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
Commission Number 77604
My Cornmission Expire`
May 24, 2014
Notary Public In and For Said State
Reserved for Recorder
Dubuque CITY OF DUBUQUE
ENGINEERING DEPARTMENT
CITY HALL, 50 WEST 13th STREET
Ail -America City DUBUQUE, IA 52001-4864
- ' PHONE (563) 589-4270 FAX (563) 589-4205
Drawn By: RNK I Approved Sy: RNK I Date: 08.16.2017
-
2007
PART OF THE SOUTHEASTERLY 71' OF LOT 36
IN COOK'S ADDITION, CITY OF DUBUQUE, IOWA
DWG Location: F:INKIeffer\CAD Drawings\Kapparos Utility Ease Windsor and
Rhomberglkapparos utility ease.dgn
C.I.P. Number:
NORTH
summion
0 10' 20' 40'
SCALE 1" = 20' FEET
LEGEND
1 Sheet Number: 1
• FOUND IRON ROD/PIPE AS SHOWN
SET 5/8" REBAR WITH YELLOW PLASTIC CAP # 18128
RIGHT OF WAY
RECORD DIMENSION
LINE BREAK
ADJACENT PROPERTY LINE
RIGHT OF WAY LINE
PROPOSED EASEMENT LINE
0
R.O.W.
(1 00.00')
1
N 1/2 OF LOT 37
NOTE:
Cr THIS SURVEY IS LOCATED IN THE
SE 1/4 SECTION 13, T89N, R2E
g (DUBUQUE TOWNSHIP)
OF THE 5TH P.M. IN THE
4-' CITY OF DUBUQUE, DUBUQUE
`" COUNTY IOWA
C)
0)
N
N
N
(5-
z
m
2
0.
2
LOT 1-2-34 & LOT
1-2-35 COOKS ADD
SOR
'TO•L,
J
PER ENT UTILITY
(108 SQ. FT.
LOT 2-2-34 & LOT
2-2-35 COOKS ADD
LOT 1-1-35 COOK'S ADD
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.
7,4/14`24.14
Russell N. Kieffer lows Lic. No. 18128 Date
My license renewal date is December 31, 2018
Pages or sheets covered by this seal: PAGE 1 ONLY
NOTES:
1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF.
2. PROPRIETOR OF ABOVE DESCRIBED LOT: SANDRA P. AND MICHAEL J. KAPPAROS
3. SURVEY REQUESTED BY: CITY OF DUBUQUE, 50 W. 13TH ST. DUBUQUE, IOWA
4. TOTAL AREA OF PERIMETER SURVEYED IS 108 SQUARE FEET
5. THIS EASEMENT PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD.
N
CITY OF DUBUQUE
EXHIBIT A - UTILITY EASEMENT
COUNTY DUBUQUE PARCEL NO. 1013484019 JOB NO.
PROJECT WINDSOR/RHOMBERG SECTION 13 TWP 89N RANGE 2E
ROW—FEE N/A EXIST. ROAD N/A PERM. EASEM'T 108 SQ.FT.
LEGAL DESCRIPTION: SE'RLY 71' LOT 36 IN COOK'S ADD., CITY OF DUBUQUE
OWNER SANDRA P. AND MICHAEL J. KAPPAROS
LOT 1-22 COOKS ADD
NE 36' & SW 16.43' OF
LOT 20 COOKS ADD &
LOT 21 COOKS ADD
Prepared bv: Nate Kieffer. City of Dubuaue. 50 W. 13th Street. Dubuque. IA 52001 (5631589-4270
Return to: Nate Kieffer. City of Dubuaue. 50 W. 13th Street. Dubuque. IA 52001 (5631589-4270
RESOLUTION NO. 309-17
ACCEPTING A GRANT OF EASEMENT FOR TRAFFIC SIGNAL, ELECTRIC,
AND FIBER OPTICS I ITIL ITIES ACROSS PART OF THE SOUTHEASTERLY
71' OF LOT 36 IN COOK'S ADDITION, CITY OF DUBUQUE, IOWA
Whereas, Michael and Sandra Kapparos have executed a Grant of
Easement for Traffic Signal, Electric, and Fiber Optics Utilities across Part of the
southeasterly 71' of Lot 36 in Cook's Addition, City of Dubuque, Dubuque County,
Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves
of, accepts and consents to the Grant of Easement for Traffic Signal, Electric, and
Fiber Optics Utilities across Part of the Southeasterly 71' of Lot 36 in Cook's
Addition, City of Dubuque, Dubuque County, Iowa from Michael and Sandra
Kapparos, 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. That the City Clerk be and is hereby authorized and directed to
record a certified copy of this resolution in the offices of the City Assessor,
Dubuque County Recorder and Dubuque County Auditor.
Passed, approved and adopted this 5th day of September, 2017.
Roy D. Buol, Mayor
Attest:
Kevin( Firnstahl; CMC, City Clerk
STATE OF IOWA
CERTIFICATE of t`ie CITY CLERK
)
) SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk
of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in
my possession or have access to the records of the proceedings of the City Council. I
do further state that the hereto attached Resolution No. 309-17 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 6th day of September, 2017.
Kevi S. Firnstahh MS;; City Clerk