Water Main Utility Grant of Easement for Westside Water System Improvement Project_KramerCopyrighted
October 2, 2017
City of Dubuque Consent Items # 9.
ITEM TITLE: Water Main Utility Grant of Easement for Westside Water
System Improvements Project
SUMMARY: City Manager recommending acceptance of a Grant of
Easement for Water Main Utility across the Jessica and
Cory Kramer property located at 14561 Forest Ridge Drive
as part of the Westside Water System Improvements
2017: Contract C HWY 20 Water Main Extension.
RESOLUTION Accepting a grant of Easement for Water
Main Utility through, over and across part of Lot 1 of Forest
Ridge Estates Third Addition, Dubuque County, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Kramer Grant of Easement for Water Main Utility -MVM City Manager Memo
Memo
Staff memo Staff Memo
Grant of Easement for Water Main Utility Supporting Documentation
Resolution Resolutions
THE CITY OF
Dui
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
Dubuque
bell
All -America City
'1Il1'
2007 • 2012 • 2013 • 2017
SUBJECT: Acceptance of a Grant of Easement for Water Main Utility over Jessica M. and
Cory W. Kramer Property at 14561 Forest Ridge Drive in Dubuque, Iowa
Westside Water system Improvements
Contract C: HWY 20 Water Main Extension
DATE: September 25, 2017
City Engineer Gus Psihoyos recommends City Council acceptance of a Grant of
Easement for Water Main Utility across the Jessica and Cory Kramer property located
at 14561 Forest Ridge Drive as part of the Westside Water System Improvements 2017:
Contract C HWY 20 Water Main Extension. These improvements include water main
extension and connection of 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
Maureen Quann, Assistant City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Denise Ihrig, Water Department Manager
THE CITY OF
D
B
Masterpiece on the Mississippi
Dubuque
AllimeticaCity
1111
2007 • 2012 • 2013
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer i' -
SUBJECT: Acceptance of a Grant of Easement for Water Main Utility over Jessica M. and
Cory W. Kramer Property at 14561 Forest Ridge Drive in Dubuque, Iowa
Westside Water System Improvements
Contract C: HWY 20 Water Main Extension
Engineering Department
50 W. 13th Street
Dubuque, IA 52001
Office (563) 589-4270
Fax (563) 589-4205
TDD (563)556-9948
engineer@cityofdubuque.org
www.cityofdubuque.org
DATE: September 14, 2017
INTRODUCTION
The purpose of this memorandum is to seek approval and acceptance of a Grant of Easement
for Water Main Utility across Jessica and Cory Kramer property being part of Lot 1 of Forest
Ridge Estates Third Addition, 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 of 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, specification, 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; Contract B: English Mill Road pump station, and
Contract C: HWY 20 Water Main Extension.
DISCUSSION
IIW, P.C. working with City of Dubuque's water department staff 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.
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 and approximately 3,700 LF of 12 -inch PVC water main.
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 Kramer 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 Lot 1 of Forest Ridge Estates Third Addition, 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 Jessica
and Cory Kramer 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. City of Dubuaue. 50 W. 13th Street. Dubuaue. IA 52001 (563) 589-4270
Return to: Kevin S. Firnstahl, City Clerk. Citv of Dubuaue. 50 W. 13th Street. Dubuaue, IA 52001 (563) 589-4121
RESOLUTION NO. 328-17
ACCEPTING A GRANT OF EASEMENT FOR WATER MAIN UTILITY
THROUGH, OVER AND ACROSS PART OF LOT 1 OF FOREST RIDGE
ESTATES THIRD ADDITION, DUBUQUE COUNTY, IOWA
Whereas, Jessica M. Kramer and Cory W. Kramer have executed a Grant
of Easement for Water Main Utility through, over and across part of Lot 1 of
Forest Ridge Estates Third Addition, 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 1 of Forest Ridge Estates Third Addition,
Dubuque County, Iowa as shown on the attached Grant of Easement for Water
Main Utility and Exhibit A, from Jessica M. Kramer and Cory W. Kramer, 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 2nd day of October, 2017.
/ t
Roy D. Buol, Mayor
Attest:
/AY
Kevin . Firnstah'(, CMC City Clerk
1111131113111111111111111111
Doc ID. 008716730005 Type: GEN
Kind: EASEMENT
Recorded: 10/05/2017 at 02:01:06 PM
Fee Amt: $27.00 Page 1 of 5
Dubuque County Iowa
John Murphy Recorder
Fne2017-00012474
Preoared bv: Russell N. Kieffer. City of Dubuque. 50 W. 13th Street. Dubuque. Iowa 52001 (5631589-4270
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 nine thousand one hundred ninety-four
and 40/100 dollars ($9,194.400) and other good and valuable consideration, the
receipt whereof is hereby acknowledged,
Jessica M. and Cory W. Kramer
14561 Forest Ridge Dr.
Dubuque, IA 52003
of Dubuque 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 1 of Forest Ridge Estates Third Addition, 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 &so 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
0"1
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, shalt 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
day of
, 2017.
. Kramer, Owner
W. Kramer, Owner
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
On this day of S a-, A.D., 2017 before me, the undersigned,
a Notary Public in and for said County, in said State, personally appeared
Jessica M. Kramer and Cory W. Kramer, 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.
0 KATHERINE OLDHAM
•
Commission Number 781667
a s%J My Comm. Exp
No ai- Public or Said
Index Legend
Location: LOT 1, FOREST RIDGE ESTATES THIRD ADDITION
SOUTHEAST QUARTER — SOUTHWEST QUARTER
SECTION 6, T88N, R2E
TABLE MOUND TOWNSHIP
DUBUQUE COUNTY, IOWA
Proprietor: CORY W. & JESSICA M. KRAMER
Requestor: CITY OF DUBUQUE
Surveyor: JOHN M. TRANMER
Surveyor IIW, P.C., 4155 PENNSYLVANIA AVE
Company: DUBUQUE, IOWA 52002-2628
PHONE: (563)556-2464
PAGES OR SHEETS COVERED BY THIS SEAL
EXHIBIT"A"
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Prepared bv: Nate Kieffer. City of Dubuaue. 50 W. 13th Street. Dubuaue. IA 52001 (563) 589-4270
Return to: Kevin S. Firnstahl, City Clerk. Citv of Dubuaue, 50 W. 13th Street. Dubuque, IA 52001 (563) 589-4121
RESOLUTION NO. 328-17
ACCEPTING A GRANT OF EASEMENT FOR WATER MAIN UTILITY
THROUGH, OVER AND ACROSS PART OF LOT 1 OF FOREST RIDGE
ESTATES THIRD ADDITION, DUBUQUE COUNTY, IOWA
Whereas, Jessica M. Kramer and Cory W. Kramer have executed a Grant
of Easement for Water Main Utility through, over and across part of Lot 1 of
Forest Ridge Estates Third Addition, 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 1 of Forest Ridge Estates Third Addition,
Dubuque County, Iowa as shown on the attached Grant of Easement for Water
Main Utility and Exhibit A, from Jessica M. Kramer and Cory W. Kramer, 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 2nd day of October, 2017.
Attest:
Kevin$ Firnsta(, CMCCity Clerk
1)11
(Roy D. Buol, Mayor
STATE OF IOWA
CERTIFICATE of the 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. 328-17 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 3rd day of October, 2017.
Kevi S. Firnstahl, C' C, City Clerk