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Grant of Easement for Water Main Utility- 13715 Barrington Lakes DriveCopyrighted November 6, 2017 City of Dubuque Consent Items # 30. ITEM TITLE: Grant of Easement for Water Main Utility- 13715 Barrington Lakes Drive SUMMARY: City Manager recommending acceptance of the Grant of Easement for Water Main Utility from Kristine and Randy Nauman across part of Lot 9 of Barrington Lakes No. 3 in Dubuque County, 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 9 of Barrington Lakes No. 3, Dubuque County, Iowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Nauman Grant of Easement for Water Main Utility -MVM City Manager Memo Memo Staff Memo Staff Memo Resolution Resolutions Grant of Easement Supporting Documentation THE CITY OF Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager Dubuque �.nw,.rnxirxz� �111i: 2007.2012 2013.2017 SUBJECT: Acceptance of Grant of Easement for Water Main Utility over Kristine and Randy Nauman Property at 13715 Barrington Drive in Dubuque, Iowa Westside Water System Improvements Contract C: HWY 20 Water Main Extension DATE: October 31, 2017 City Engineer Gus Psihoyos is recommending City Council acceptance of the Grant of Easement for Water Main Utility from Kristine and Randy Nauman across part of Lot 9 of Barrington Lakes No. 3 in Dubuque County, as part of the Westside Water System Improvements 2017: Contract C HWY 20 Water Main Extension. I concur with the recommendation and respectfully request Mayor and City Council approval. i)2 MicKael C. Van Milligen' MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manage FROM: Gus Psihoyos, City Engineer Dubuque *burin City I 2007 , 20 12 2013.2017 RE: Acceptance of a Grant of Easement for Water Main Utility over Kristine and Randy Nauman Property at 13715 Barrington Drive in Dubuque, Iowa Westside Water System Improvements Contract C: HWY 20 Water Main Extension DATE: October 25, 2017 INTRODUCTION The purpose of this memorandum is to seek approval and acceptance of a Grant of Easement for Water Main Utility across Kristine and Randy Nauman property being part of Lot 9 of Barrington Lakes No. 3, 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, identifying where the City water supply would connect to the Barrington Lakes and Vernon water systems. Barrington Lakes would have a primary connection under Contract A: Water Main Extension from the English Mill Road pump station to North Cascade Road and secondary connection or loop under 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 Contract A: Water Main Extension from the English Mill Road pump station to North Cascade Road. This phase of the project will provide for a primary connection into the Barrington Lakes area; a second connection or loop will be made under Contract C described above. The Nauman easement is required to complete the primary water supply connection to Barrington Lakes under Contract A. As compensation for the grant of easement, the City has agreed to install a new water service connecting to the new 12 -inch diameter water main in English Mil Road, and pressure reducing valve if needed, to their existing residence. RECOMMENDATION I recommend accepting the Grant of Easement for Water Main Utility through, over and across part of Lot 9 of Barrington Lakes No. 3, 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 Kristine and Randy Nauman through the adoption of the enclosed resolution. Prepared by Nate Kieffer, PLS cc: Denise lhrig, Water Department Manager Brant Schueller, Water Distribution Supervisor 2 R 11 io 11 u 1111 11 11 11 11 Doc ID 008733820006 Type GEN Kind: EASEMENT Recorded: 11/09/2017 at 02:39:50 PM Fee Amt: $32.00 Page 1 of 6 Dubuque County Iowa John Murphy Recorder File2017-00013903 Prepared by: Crenna Brumwell 300 Main Street Suite 330 Dubuque Iowa 52001 (563.589.4381) Return to: Denise Ihrig 50 West 13th Street Dubuque Iowa 52001 (563.589.4381) GRANT OF PERMANENT EASEMENT FOR WATER MAIN UTILITY For and in consideration of the work as detailed in Exhibit B and other good an valuable consideration, the receipt whereof is hereby acknowledged, Kristine M. and Randy S. Nauman, husband and wife, (Grantors) of 13715 Barrington Drive, Dubuque 52003 of Dubuque County, State of Iowa, for themselves, their heirs, their successors, and their assigns, do hereby grant and convey to the City of Dubuque, Iowa (City), a municipal corporation, its agents and contractors, from the date hereof, a permanent easement through, under and across the following described real estate situated in Dubuque, Iowa, to wit: Part of Lot 9 of Barrington Lakes No. 3, DUBUQUE COUNTY, IOWA, as shown on Exhibit A attached hereto and by reference made a part hereof. Said easement 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 install, 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 and permanently and perpetually thereafter for maintenance, repair, operation, and reconstruction. 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. Within the permanent easement area, 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 City, its agents or contractors, shall at all times have free access to and egress over said real estate to maintain or repair said water main and appurtenances thereon or therein. City shall access to said water main and appurtenances from any exist' roadways, private lanes which exist and over said real estate. Dated this 2 Kri'- ine M. Nauman Randy S. Nauman NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: , 2017. On this day of QX 7 2 �7.___ , 2017 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Randy S. and Kristine M. Nauman, husband and wife, 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. 1 Commission Numbe fl% My Consnission Expires May 24, 2019 Notary Public In and For Said State Location: Proprietor: Requestor: Surveyor: Surveyor Company: Index Legend LOT 9, BARRINGTON LAKES NO. 3 NORTHEAST QUARTER - SOUTHWEST QUARTER SECTION 5, T88N, R2E TABLE MOUND TOWNSHIP DUBUQUE COUNTY, IOWA RANDY S. & KRISTINE M. NAUMAN CITY OF DUBUQUE JOHN M. TRANMER IIW, P.C., 4155 PENNSYLVANIA AVE DUBUQUE, IOWA 52002-2628 PHONE: (563)556-2464 z 0 -I m PAGES OR SHEETS COVERED BY THIS SEAL ATINO 133HS SIH± :SI 31VO 1VM3N32:1 3SN301-1 A m (/7 0 > O C Z A XmOm ��=W O -0m{ comm 70 TT1Zm DD{ m D A�� nON O Z z7D D�Z D =mac D-< -1-� A < m—mom 0>oz 0>00 D O m C z m� o� mD Z c z-0 oPI >XX 0MX �0 z to oo coN 0__O__ 0 rn .P co BARRINGTON DRIVE - (66' R.O.W.) 6) V 0 EXHIBIT "A" FOR RECORDER USE 84 4 20 PERMANENT WATER 9./17 03, •r- N01'48'53"W 409.13'1(409.06,1)_. 15' TCE (TYP) s,� `I MAIN EASEMENT mo •o= • O • r z0 t0 •••• _/�i 24 ` • E- D a N a Daom -Icn cn O"••• 0 m 0 • 000zZOm D%U0-ix eco c�=-• P 'x K (11 0 o .1m > rn1x-<xl 022 0 om O�rD Z Q z —r D m(7 N A I DC7 CO Z p co O w ) VM-J0-1HORI 7J -1 m 73 r 0mKcn9- - 0 > -13m omXZ �X mD 0 r � 0 zmm- > -I =1 z u) I= -4m -10 Z - -< D rcn mu) m zm �> mm 0 z Z z 03011(13? N338 3AVH /WIN ONIMV R I I 0 O T1VOS 3IHdd2�O Exhibit B (1) Installation of a single water main connection (service tap) on the English Mill Road water main; and installation of new water service copper piping equivalent to the diameter of the existing service line terminating at the existing service shut-off valve, and said shut-off valve shall be replaced with a new (replacement) service shut-off valve serving the property located at 13715 Barrington Drive, Dubuque, Iowa 52003; (2) And, should the existing water service line serving the aforementioned property from the replacement shut-off valve to a pipe length not greater than 2 -feet inside the property's interior foundation wall not be of adequate quality and standards to meet the proposed pressures, the existing water service pipe shall be replaced from the replacement shut-off valve location to a pipe length not greater than 2 - feet inside the property's interior wall where the replacement service shall terminate with the appropriate coupling. During normal operation of the water system following connection to the English Mill Pump Station, the design water pressures are anticipated to be in excess of 150psi at 13715 Barrington Drive. Under the Water Meter Replacement project, a residential adjustable pressure reducing valve shall be installed. This work shall be coordinated with the installation of the replacement water service described above along with the replacement water meter. (3) All work described in Exhibit B (1) and as necessary, work described in Exhibit B (2), shall be conducted before or about the Spring of 2018 and coordinated with a) the date of completion of the Westside Water System Improvements Contracts A and B which includes installation of the English Mill Road water main, and b) with the Water Meter Replacement Project. Prepared bv: Nate Kieffer. Citv of Dubuque. 50 W. 13th Street. Dubuque. IA 52001 (563) 589-4270 Return to: Kevin S. Firnstahl. City Clerk. City of Dubuaue. 50 W. 13th Street. Dubuque. IA 52001 (563) 589-4121 RESOLUTION NO. 358-17 ACCEPTING A GRANT OF EASEMENT FOR WATER MAIN UTILITY THROUGH, OVER AND ACROSS PART OF LOT 9 OF BARRINGTON LAKES NO. 3, DUBUQUE COUNTY, IOWA Whereas, Kristine M. Nauman and Randy S. Nauman have executed a Grant of Easement for Water Main Utility through, over and across part of Lot 9 of Barrington Lakes No. 3, 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 9 of Barrington Lakes No. 3, Dubuque County, Iowa as shown on the attached Grant of Easement for Water Main Utility and Exhibit A, from Kristine M. Nauman and Randy S. Nauman, 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 6th day of November, 201 Attest: Kevi . Firnstah CMS;, City Clerk D. 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. 358-17 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 November, 2017. Kevi . Firnstahl, tMC,'ity Clerk