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Approval of Plat of Easement for Public Utilities and Hike/Bike Trail_Metx, LLC_Marde Place Copyrighted January 16, 2018 City of Dubuque Consent Items # 10. ITEM TITLE: Approval of Plat of Easement for Public Utilities and Bike/Hike Trail SUMMARY: City Manager recommending approval of a Plat of Easement for Public Utilities and a Bike/Hike Trail over a portion of City-owned property at 460 East 18th Street as part of the Mefic, LLC Renovation Project. RESOLUTION Approving a Plat of Easement for Public Utility and Bike Train located in part of Lot 1 of Marde Place in the City of Dubuque, lowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Approval of Plat of Easement for Public Utilities and City Manager Memo Bike/Hike Trail-NNM Memo Staff memo Staff Memo Resolution Resolutions Plat of Easement Supporting Documentation Area Map Supporting Documentation THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Approval of Plat of Easement for Public Utilities and Bike/Hike Trail Across Part of Lot 1 of Marde Place in the City of Dubuque, lowa (Metx, LLC Renovation Projection) DATE: January 8, 2018 City Engineer Gus Psihoyos recommends City Council approval of a Plat of Easement for Public Utilities and a Bike/Hike Trail over a portion of City-owned property at 460 East 18�h Street as part of the Metx, LLC Renovation Project. I concur with the recommendation and respectfully request Mayor and City Council approval. �L;� 1��, ��,�� Mic ael 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 THE CITY OF ��p�� -"'� � ��A�� V L! .L ,��tv,::�x,�f�.x r�If�°r Masterpieee on the Mississippi �0°''�'1� 2013•2017 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer �_ SUBJECT: Approval of Plat of Easement for Public Utilities and Bike/Hike Trail across Part of Lot 1 of Marde Place in the City of Dubuque, lowa (Metx, LLC Renovation Project) DATE: January 5, 2018 INTRODUCTION The purpose of this memorandum is to seek approval of a Plat of Easement for Public Utilities and a Bike/Hike Trail over a portion of City owned property at 460 East 18t" Street as part of the Metx, LLC Renovation Project. BACKGROUND Metx, LLC is planning to renovate and redevelop the former Lamar office building at 1690 Elm Street. In October of last year, the City and Metx, LLC entered into a development agreement with multiple considerations relating to the redevelopment of the Metx, LLC property at 1690 Elm Street, including the deeding of the City owned property at 460 East 18t" Street to Metx, LLC for construction of a proposed parking lot. This property was purchased by the City in 2014 for a bike trail and was formerly occupied by a quansit hut building. The agreement requires that the City create a bike/hike trail through the property for future utilities and a trail. DISCUSSION The portion of the City owned property at 460 East 18t" Street as shown on the attached Plat of Easement is a section of the planned and budgeted hike/bike trail that will connect the Lower Bee Branch and Upper Bee Branch Creek trails (also part of the Heritage Trail) from 16th Str�et to Garfield Aven�ae. RECOMMENDATION I recommend that the Plat of Easement for Public Utility and Bike Trail across part of Lot 1 of Marde Place in the City of Dubuque, lowa as shown on the attached plat be approved in order to facilitate the future construction of a hike/bike trail. ACTION TO BE TAKEN I respectfully request approval of the Plat of Easement for Public Utility and Bike Trail across part of Lot 1 of Marde Place in the City of Dubuque, lowa, through the adoption of the enclosed resolution. Prepared by Nate Kieffer, PLS � \ �� o� �ors i6�-i�2, i��iA.Nzs- AREA MAP � � �� z-�6 �N ��Teu�uau� METX LLC RENOVATION BIKE/HIKE VACA1�b AI,��Y TO p�AN `� o�, zoNiNG - N�iGH�pHooe s P ROJ ECT TRAI L �� CC-z' EASEMENT a � Ex. 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S � / � SUBSTATION � `� `�� j QA � \`� � rEX SAN MFi� s a �, o � �2 �s � � N `� R I M 6 , , � � �'' S � WNSNWGTON COUY.�P� �� V � � sb� �� ,�-�''� � � d UNIT #� IN WNSNWGTON CO p �bG ,n� � � �.�, � � s � � CONbOMINIUMS �OCA1�b 0 � TS 6�� 6� / � o� �� M �606.4 � 102-6 W �ASTbU�UQU� Abbl 10 � s'�� x CAR � zoNiNG - o��ic� s�pvic� �o� � �� uTY Po�E - � e w�sHiNGroN coupr�p N , � �✓ � _.-, HiNGroNcouprzNeAeei,�oN ; / �,,%�� `� � , � �s EX. BLDG � WG -AI,1�pNA1� 1W0 �AMI�Y X SAN MH w �- � � � ' IM 606.31 �/ � EX STM � s Y:�SIb�N11A� CY:2l� �i ' ' RIM 605.5 � � �� %,,. � � �� ' � � \ EX HYDRANT /, � � � �No � �1X ��C �� \ �55` �� -181 & W65' 0� 222-226 �A T rn. � � EX. B�DG bU ��U� Abb1110N & VACA1�bAI,��Y �YI � s 13�1W� 16TN ST & I�TN ST & ��M ST & pW� T ��U05 ��\�� V� � ZONI �� a� � WNTOWN COMM�pCWI, C C-�) � �' NN��bu�� ,��'�� MM ��' � � � �� vc � r�oM iNsi ! o� 6oa.o9 \ s � �i2� � �,��U��°�� , � � o s � � �`NU � � `�� EX �� R � T E o � _, � o RIM 60 �� 3 � \ � � � �o �.�: � o � , �� Tp, E � y � � � � � EX. BLDG �,10 � � �� r� �`� �� BEGIN A � �• EX SIGN � A EMENT � �� 2� 6�. �h< � E LLBOARD SIGN � � S �� G 6 '9 � i � o � y � 2� A , /� l'fi % � s `� \ O� ��/ 06 �,f�',�,, � � �3 Zi '''� > �+�' � "ty� ,. ��6 ✓ �j� � - ��y - / NO �_ i T'i 0� � A • 9 � � � � � � � ., � o � END A � �,� �� ` _ � ' � �s EX G � CB ' 6 RIM 6105.50 B s SS � �. `� `�� •�:�=''r 15" RCP FL LV�.40 ' � � � EX HYDRAGd-T CITYO� bU�UQU� ,„ � �' � �OTS 182-186 & W65' 0� �OTS �''� � s �� 21�221 �ASTbU�UQU� Abb1110N �� s `� � ZONWG - N�AW INbU51P.lAl, C ND s� Prepared by: R. Nate Kieffer. City of Dubuaue, 50 W. 13th Street. Dubuque, IA 52001 (563)589-4270 Return to: R. Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 8-18 RESOLUTION APPROVING A PLAT OF EASEMENT FOR PUBLIC UTILITY AND BIKE TRAIL LOCATED IN PART OF LOT 1 OF MARDE PLACE IN THE CITY OF DUBUQUE, IOWA WHEREAS, there has been presented to the City Council of the City of Dubuque, Iowa, a plat of easement for public utility and bike trail dated the 20th day of December 2018, prepared by IIW, P.C. showing a permanent public utilities and bike/hike trail easement located in part of Lot 1 of Marde Place in the City of Dubuque, Iowa; and WHEREAS, per the Development Agreement between the City of Dubuque and Metx, LLC dated October 12, 2017, the easement area is being reserved for public utilities and a public bike/hike trail to be constructed and maintained by the City of Dubuque, and WHEREAS, said plat of easement conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat of easement dated the 20th day of December 2017, prepared by IIW, P.C. relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be, and they are hereby authorized and directed to execute said plat of easement for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat of easement and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 16th day of J t ary 2018. Illavid T. Resnick, Mayor Pro Tem ATTEST: Kevin S. Firnstahl, City Clerk Index Legend Location: LOT 1 MARDE PLACE CITY OF DUBUQUE, IOWA Proprietor: Requestor: Surveyor: Surveyor Company CITY OF DUBUQUE CITY OF DUBUQUE JOHN M. TRANMER IIW, P.C., 4155 PENNSYLVANIA AVE DUBUQUE, IOWA 52002-2628 PHONE: (563)556-2464 ii11uuuu1mmwu1w1111111111111111w11m11111 Doc ID: 008768310005 Type GEN Kind: EASEMENT PLAT Recorded: 01/18/2018 at 01:49:17 PM Fee Amt: $27.00 Page 1 of 5 Dubuque County Iowa John Murphy Recorder Fi1e2018-00000695 FOR RECORDER USF PLAT OF EASEMENT PUBLIC UTILITY AND BIKE TRAIL EASEMENT; PART OF LOT 1 OF MARDE PLACE IN THE CITY OF DUBUQUE, IOWA POINT OF BEGINNING SE CORNER OF LOT 171A 0N� 9. 0. \ Lb " V O5 0o NE CORNER LOT 1, MARDE PLACE EASTERLY LINE OF LOT 1, MARDE PLACE OF • LEGEND • • EASEMENT LINES SW CORNER OF LOT 1 OF MARDE PLACE - - — LOT/R.O.W. LINES R.O.W. RIGHT-OF-WAY ( ) RECORDED AS • FOUND 1" IRON PIPE FOUND 5/8" IRON REBAR WITH RED PLASTIC CAP NO. 12631 \,001111111111/10, \\\` \0.WAI L=68.10' (68.16') R=717.00' A=5'26'32" CHORD=SO4'54'21 "E 68.08' (68.13') SE CORNER LOT 1, MARDE PLACE SOUTHERLY LINE LOT 1, MARDE PLACE .I,I1IIIIIIIIIIIII1I1I,. NORTH GRAPHIC SCALE 0 40 80 (IN FEET) DRAWING MAY HAVE BEEN REDUCED DATE OF SURVEY: DECEMBER 20, 2017 TOTAL EASEMENT AREA: 10,090 SQ. FT. JOHN M. • TRANMER = w o • ' LS 12631 ; ' '�,``�� ` •;,4,-. ',,111111``J � '/1:),LANo\\ ,it�' NOTE THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD AND NOT OF RECORD. 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. N1 / . JOHN] 1 MEW"' LICENSE NO. 12631 (2-%Zah7 ATE 1 MY LICENSE RENEWAL DATE IS 12/31/2018 SHEETS 1 & 2 PAGES OR SHEETS COVERED BY THIS SEAL ARCHITECTURE CIVIL ENGINEERING CONSTRUCTION SERVICES ENVIRONMENTAL ENGINEERING LAND SURVEYING MUNICIPAL ENGINEERING INTEGRITY.EXPERTISE.SOLUTIONS STRUCTURAL ENGINEERING TRANSPORTATION ENGINEERING n.a...liil. l:all.illY.11lu:lllln,EAEL,Ui Ir DRAWN DMK PLAT NO. 29 -IA -17 CHECKED JMT DATE 12-20-17 PROJ. NO. 1600605 SHEET 1 of 2 P:\16\006\00605\DRAWINGS\SURVEY\1600605 7,1P Sheet 2 of 2 SURVEYOR'S CERTIFICATE I, John M. Tranmer, a Duly Licensed Land Surveyor in the State of Iowa, do hereby certify that the following real estate was surveyed and platted by me or under my direct personal supervision, To Wit: Public Utility and Bike Trail Easement; part of Lot 1 of Marde Place in the City of Dubuque, Iowa, more particularly described as follows: Beginning at the southeast corner of Lot 171A of the East Dubuque Addition to the City of Dubuque, Iowa; Thence North 65 degrees 59 minutes 20 seconds East along the northerly line of said Lot 1 of Marde Place, 64.08 feet to the northeast corner of said Lot 1; Thence Southeasterly along the easterly line of said Lot 1, the following two (2) courses: Thence South 23 degrees 29 minutes 30 seconds East, 50.45 feet; southeasterly an arc length of 68.10 feet along a circular curve concave to the east, having a radius of 717.00 feet, a central angle of 05 degrees 26 minutes 32 seconds, and whose chord bears South 04 degrees 54 minutes 21 seconds East, 68.08 feet to the southeast corner of said Lot 1; Thence South 66 degrees 11 minutes 33 seconds West along the southerly line of said Lot 1, 141.94 feet to the southwest corner of said Lot 1; Thence North 23 degrees 48 minutes 27 seconds West along the westerly line of said Lot 1, 35.00 feet; Thence North 66 degrees 11 minutes 33 seconds East, 100.09 feet; Thence North 23 degrees 44 minutes 11 seconds West, 79.63 feet to the Point of Beginning. Containing 10,090 square feet, more or less, and subject to easements, reservations, restrictions, and right- of-way record and not of record. PERMANENT EASEMENT FOR PUBLIC UTILITY AND BIKE TRAIL LOCATED IN PART OF LOT 1 OF MARDE PLACE IN THE CITY OF DUBUQUE IOWA OWNER'S CONSENT Dubuque, Iowa January 16 2018 The foregoing Plat of Easement of: Part of Lot 1 of Marde Place in the City of Dubuque, Iowa, is made with the free consent and in accordance with the desires of the undersigned owner and proprietor of said real estate. CITYL' F DUBUQUE, OWA By: State of Iowa ) ) ss: County of // On this go of day r , / / A , A.D. 2018,.before me, a Notary Public in and for the County of Dubuque and S : of Iowa, ersonally appeared David T. Resnick and Kevin S. Firnstahl, to me personally known who •eing duly worn did say that the said David T. Resnick is Mayor Pro Tem and the said Kevin S. Firnstahl is City Clerk of the City of Dubuque, Iowa, and that the seal affixed to the above instrument is the corporate seal of the City of Dubuque, Iowa, and that said instrument was signed and sealed on behalf of the said City of Dubuque, Iowa, by authority of its City Council, passed by Resolution of the City Council under Resolution No. R-1 s on the 16th day of January 2018, and the said David T. Resnick and Kevin S. Firnstahl acknowledge the execution of said instrument to be the voluntary act and deed of said City of Dubuque, Iowa, by it voluntarily executed. David T. Resnic , Mayor Pro Tem y4 - C Kevin S. F nstahl, City Clerk II" PAMELA J. McCARRON Commission Number 772419 7,-;:i.- My Comm. Exp. 4-5-- 2p/l' 2 Notary Puc in the State of Iowa My Commission Expires 3 2Cl Prepared by: R. Nate Kieffer. City of Dubuoue. 50 W. 13th Sifeet. Dubuoue. IA 52001 (563)589-4270 Return to: R. Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 8-18 RESOLUTION APPROVING A PLAT OF EASEMENT FOR PUBLIC UTILITY AND BIKE TRAIL LOCATED IN PART OF LOT 1 OF MARDE PLACE IN THE CITY OF DUBUQUE, IOWA WHEREAS, there has been presented to the City Council of the City of Dubuque, Iowa, a plat of easement for public utility and bike trail dated the 20th day of December 2018, prepared by IIW, P.C. showing a permanent public utilities and bike/hike trail easement located in part of Lot 1 of Marde Place in the City of Dubuque, Iowa; and WHEREAS, per the Development Agreement between the City of Dubuque and Metx, LLC dated October 12, 2017, the easement area is being reserved for public utilities and a public bike/hike trail to be constructed and maintained by the City of Dubuque, and WHEREAS, said plat of easement conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat of easement dated the 20th day of December 2017, prepared by IIW, P.C. relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be, and they are hereby authorized and directed to execute said plat of easement for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat of easement and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 16th day of Jary 2018. 77-1Le avid T. Resnick, Mayor Pro Tem ATTEST: Kin S. Firnstahl, City Clerk 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. 8-18 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 17th day of January, 2018. • • • • '..y. • (tB ) n S. Firns a I, CMC, City Clerk