Acceptance Grant of Easement for Bike/Hike Trail_Metx, LLC_Lot 176A Copyrighted
January 16, 2018
City of Dubuque Consent Items # 11.
ITEM TITLE: Acceptance Grant of Easement for Bike/Hike Trail
SUMMARY: City Manager recommending acceptance of a Grant of
Easement for a Bike/Hike Trail over a portion of vacated
East 17th Street as part of the Mefic, LLC Renovation
Project.
RESOLUTION Accepting a Grant of Easement from Metz
Development, LLC for a Bike/Hike Trail
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Acceptance of Grant of Easement for Bike/Hike Trail- City Manager Memo
NNM Memo
Staff Memo Staff Memo
Resolution Resolutions
Grant of Easement Supporting Documentation
Area Map Supporting Documentation
THE CITY OF Dubuque
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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: Acceptance of a Grant of Easement for Bike/Hike Trail over a Portion of
Vacated East 17�h Street (Metx, LLC Renovation Project)
DATE: January 8, 2018
City Engineer Gus Psihoyos recommends City Council acceptance of a Grant of
Easement for a Bike/Hike Trail over a portion of vacated East 17�h Street as part of the
Metx, LLC Renovation Project.
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
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
THE CITY OF � �u�����
E''.�:�
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Masterpiece on the Mississippi Z°�'`2°�2
?A13•2017
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer .
SUBJECT: Acceptance of a Grant of Easement for Bike/Hike Trail over a Portion of
Vacated East 17th Street (Metx, LLC Renovation Project)
DATE: January 4, 2018
INTRODUCTION
The purpose of this memorandum is to seek approval and acceptance of a Grant of
Easement for a Bike/Hike Trail over a portion of vacated East 17t" 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 vacation of the East 17th Street
Right of Way. The right of way has been recently vacated and deeded to Metz
Development, LLC (developer Gary Carner owns both Metz Development, LLC and
Metx, LLC). The agreement requires that the developer grant a bike/hike trail through
the vacated portion of East 17t" Street for a future trail.
DISCUSSION
The portion of the vacated East 17rh Street area shown on the attached Grant 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 Street to Garfield Avenue.
RECOMMENDATION
I recommend accepting the Grant of Easement for a Bike/Hike Trail through, over and
across part of Lot 176A of East Dubuque Addition, in the City of Dubuque, lowa, as
shown on the attached Grant of Easement document to facilitate the future construction
and maintenance of the Bee Branch Creek Trail/Heritage Trail project and as per the
development agreement with Metx, LLC.
ACTION TO BE TAKEN
I respectfully request acceptance of the Grant of Easement for a Bike/Hike Trail from
Metz Development, LLC through the adoption of the enclosed resolution.
Prepared by Nate Kieffer, PLS
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Prepared by: R. Nate Kieffer, City of Dubuaue. 50 W. 13th Street. Dubuaue. 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. 9-18
ACCEPTING A GRANT OF EASEMENT FROM METZ DEVELOPMENT, LLC FOR A
BIKE/HIKE TRAIL
Whereas, the City of Dubuque entered into an agreement with Metx, LLC for
development of property including property legally described as:
Lot 176A of East Dubuque addition;
at and adjacent to 1690 Elm Street for a medical campus, including the Crescent
Community Health Center; and
Whereas, the Developer has agreed to provide easements to the City for utilities and
a proposed bike/hike trail on portions of the property; and
Whereas, accepting the easement allows the City to continue its work of connecting
the northern portions of Heritage Trail along the Bee Branch to the more southern portions
of the Trail, and to the Trail along the Peosta Channel.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
1. The Grant of Easement for Bike/Hike Trail attached hereto is hereby accepted.
2. The City Clerk is authorized and directed to record this resolution and the Grant of
Easement with the Dubuque County Recorder.
Passed, approved and adopted this 16th day of Janggry 2018.
Attest:
Kev' - . Firnstahi, CMC, City Clerk
i,
'David T. Resnick, Mayor Pro Tem
Doc ID 008768320007 Type GEN
Kind: EASEMENT
Recorded: 01/18/2018 at 01:50:18 PM
Fee Amt: $37.00 Page 1 of 7
Dubuque County Iowa
John Murphy Recorder
F11e2018-00000696
Prepared by: Crenna Brumwell, Cityof Dubuque, 300 Main Street, Suite 330, Dubuque, IA 52001 (563) 589-4381
Return to: Nate Kieffer, Cityof Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
GRANT OF EASEMENT FOR BIKE/HIKE TRAIL
For and in consideration of the sum of One Dollar ($1.00) and other good and valuable
consideration, the receipt whereof is hereby acknowledged:
Metz Development, LLC
1800 Washington Street
Dubuque, IA 52001
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, 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 Lot 176A of the East Dubuque Addition to the City of Dubuque, Iowa
Said easement shall be as shown on the attached Exhibit A, for the purpose of
constructing and maintaining a bike/hike trail. Grantee shall hold harmless and
indemnify Grantor from and against any claims, damages, or causes of action in any
way related to Grantee's negligence in constructing or maintaining the bike trail which
will be developed by Grantee upon the easement area.
It is understood and agreed that the Grantee herein shall restore the disturbed area due
to the installation or repair of said bike/hike trail.
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, contour or perform any construction or
excavation that will diminish the lateral support of said improvement without obtaining
the prior written consent of the City Engineer.
To have and to hold unto the said City of Dubuque, Iowa, in perpetuity, 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 bike/hike trail thereon or therein.
Dated at Dubuque, Iowa, this 21
day of 5/f7L4.—
, 2017.
Metz Development, LLC
By:
Its:
STATE OF IOWA
DUBUQUE COUNTY0/0
On this 44 day of3 P1 l& , 2017, before me, the undersigned, a Notary
Public in and for the said County, in said State, personally appeared Gary Garner, to me
the identical person(s) named in and who executed the within and foregoing instrument,
to which this is attached, and acknowledge that they executed the same as their
voluntary act and deed. _
Notary Public In and For Said State
„- DONNA MARIE BUSCH
Iowa Notal Seal
Commission No.160578
My Commission Expires May 16, 2018
Exhibit A
Location:
Proprietor:
Requestor:
Surveyor:
Surveyor
Company:
Index Legend
LOT 176A
EAST DUBUQUE ADDITION
CITY OF DUBUQUE, IOWA
CITY OF DUBUQUE
CITY OF DUBUQUE
JOHN M. TRANMER
IIW, P.C., 4155 PENNSYLVANIA AVE
DUBUQUE, IOWA 52002-2628
PHONE: (563)556-2464
EASEMENT EXHIBIT
BIKE TRAIL EASEMENT; BEING
PART OF LOT 176A OF THE
EAST DUBUQUE ADDITION TO
THE CITY OF DUBUQUE, IOWA
,I2�'
POINT OF
BEGINNING
SE CORNER
OF LOT 176
ena arrnonoa I EeP
DATE OF SURVEY:
AUGUST 23, 2017
TOTAL EASEMENT AREA:
5,050 50. FT.
NE CORNER
OF LOT 178A
LOT 2 MARDE PLACE
DOC. NO. 2011-11099 1
OF LOSW T 22 OF NER<11 51.
MARDE E ,."Eil'' �f
.eve;
N6i„
40
20 OD N65 tyro
SE CORNER
OF LOT 2 OF
MARDE PLACE
NO CAP
S65'46'40"W
51 15.40'
-O
BIKE TRAIL •cb oQ <"
EASEMENT cn
vow— 5,050 SQ. FT.
ZN ; ,0)%\0•� .$,i00Ate 3---
LA..," .:.••••P"•y
oma, �c S6
50 o
\ N
o\y0 EP t, e)
NW OF LOTER177P ;��p'E
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2� 6N�5 �
QF -
LOc 11'1
�\ PS.� DuguQJ��
NOTE
THIS SURVEY IS SUBJECT TO
EASEMENTS, RESERVATIONS,
RESTRICTIONS AND RIGHTS—OF—WAY
OF RECORD AND NOT OF RECORD.
\ co6 tP
gyp' 22
,,,011111lNls►u111,..
NORTH
EASTERLY LINE
OF LOT 176A
SE CORNER
OF LOT 176A
\ S65 -46'40"W
15.00'
GRAPHIC SCALE
0 40 80
(IN FEET)
DRAWING MAY HAVE BEEN REDUCED
LEGEND
— • • -- • • -- BIKE TRAIL EASEMENT
LOT/R.0.W. LINES
R.O.W. RIGHT—OF—WAY
( ) RECORDED AS
FOUND 5/8" IRON REBAR WITH RED PLASTIC
WITH CAP NO. 21408 OR AS NOTED
♦♦
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SHEET 1 of 2
\6URVEY\160060.5
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:
Bike Trail Easement; being part of Lot 176A of the East Dubuque Addition to the City of Dubuque,
Iowa, more particularly described as follows:
Beginning at the southeast corner of Lot 176 of said East Dubuque Addition;
Thence North 65 degrees 46 minutes 40 seconds East along the northerly line of said Lot 176A, 120.11
feet to the northeast corner of said Lot 176A;
Thence South 23 degrees 46 minutes 00 seconds East along the easterly line of said Lot 176A, 64.00 feet
to the southeast corner of said Lot 176A;
Thence South 65 degrees 46 minutes 40 seconds West along the southerly line of said Lot 176A, 15.00
feet;
Thence North 63 degrees 19 minutes 40 seconds West, 36.33 feet;
Thence South 65 degrees 46 minutes 50 seconds West, 82.00 feet;
Thence North 23 degrees 43 minutes 03 seconds West, 35.80 feet to the point of beginning.
Containing 5,050 square feet, more or less, and subject to easements, reservations, restrictions, and right-
of-way record and not of record.
Prepared bv: R. Nate Kieffer. City of Dubuque. 50 W. 13th Street. Dubuaue. IA 52001 (5631589-4270
Return to: R. Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 9-18
ACCEPTING A GRANT OF EASEMENT FROM METZ DEVELOPMENT, LLC FOR A
BIKE/HIKE TRAIL
Whereas, the City of Dubuque entered into an agreement with Metx, LLC for
development of property including property legally described as:
Lot 176A of East Dubuque addition;
at and adjacent to 1690 Elm Street for a medical campus, including the Crescent
Community Health Center; and
Whereas, the Developer has agreed to provide easements to the City for utilities and
a proposed bike/hike trail on portions of the property; and
Whereas, accepting the easement allows the City to continue its work of connecting
the northern portions of Heritage Trail along the Bee Branch to the more southern portions
of the Trail, and to the Trail along the Peosta Channel.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
1. The Grant of Easement for Bike/Hike Trail attached hereto is hereby accepted.
2. The City Clerk is authorized and directed to record this resolution and the Grant of
Easement with the Dubuque County Recorder.
Passed, approved and adopted this 16th day of January 2018.
David T. Resnick, Mayor Pro Tem
Attest:
Key Firnstah , CMC, 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. 9-18 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.
43/
K in S. Firnstahl, CMC, City Clerk