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
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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
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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