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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 � 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: 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''.�:� �T ) � � � �ll•A�Nst�ifY `r.'/ �n,v.�;�rc��rxx. ,� Im r I) 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 2 \ �� �o� �ors i6�-i�2, i��iA.Nzs- AREA MAP � � �� zsz-z56iN �Asreur�uau� METX LLC RENOVATION VACA1�b AI,��Y TO p�AN `� o�, zoNiNG - N�iGH�pHooe s P ROJ ECT �� �c-z> � Ex. 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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. 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 \ 0 o.so k_O 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 ♦♦ 11 racxnEmwe tONtT W N.µ mormaFtwa WO/ illikveY.I rM.sraxrte.uw INTEGAI Y.E%PERT45EEQLUTIONS 111N11RTUNAL 0.1.11/11N0 ,,nwavoarn*roK ena.rceawc cfl egED J 4T '^6 006 a-23-17 \DRAM) PLAT NO. EXHISIT1 PRO., NQ 1600605 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