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DCSD Pennsylvania (IA32 to Vizaleea) Safety ImprovementsTHE CITY OP Dubuque ~IJB E ~a~ 1 1 Masterpiece on the Mississippi 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements Project, Phase II -Acceptance of Warranty Deed and Easements CIP 1012077- Hempstead Signal and TSF Improvements DATE: July 27, 2009 City Engineer Gus Psihoyos is recommending the acceptance of the deed, the acquisition plat and traffic signal easement on Pennsylvania Avenue as part of the Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements Project. I concur with the recommendation and respectfully request Mayor and City Council approval. ..---~_ M chael C. Van Milligen MCVM:Iw Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, Civil Engineer THE CITY OF Dubuque -~.. ~j ~' j~ ~ AN-Ame~Ca cillr (_,J j] Masterpiece on the Mississippi 2007 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer DATE: July 27, 2009 SUBJECT: Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements Project, Phase II -Acceptance of Warranty Deed and Easements CIP 1012077 -Hempstead Signal and TSF Improvements INTRODUCTION Enclosed are the resolutions accepting the warranty deed, approving an acquisition plat, with a dedication for aright-of-way purchase on Pennsylvania Avenue and resolutions accepting easements for traffic signals. DISCUSSION The Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements Project, Phase II, involves the following improvements: - Addition of a right-turn lane on the westbound approach at the Hempstead High School parking lot entrance. - Upgrade existing traffic signals with ITS control cabinet and interconnect. - Addition of fencing on the west side of Hempstead High School near the bus lane. Enclosed are the warranty deed, acquisition plat, and traffic signal easements for the project. RECOMMENDATION The above property and easements have been purchased by the City at an agreed upon value of $8,645.00 ($1.40/square foot). I would recommend the adoption of the attached resolutions accepting the deed, the acquisition plat, and easements for traffic signals. ACTION TO BE TAKEN The City Council is requested to adopt the attached resolutions accepting the warranty deed, acquisition plat, and easements from Dubuque Community School District. Prepared by Ron Turner, PLS cc: Kent Ellis, PE -Iowa Department of Transportation Ron Holm, Dubuque Community School District Bob Schiesl, Assistant City Engineer David Ness, PE Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13`h Street, Dubuque, IA 52001 (563) 589-4270 Return to: Ronald J. Turner, City of Dubuque, 50 W. 13 Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 261-09 RESOLUTION APPROVING ACQUISII°ION PLAT OF LOT A OF LOl" 2 OF LOT 1 OF THE E 1/2 OF THE SW '/4 OF SECTION 21, T89N, R2E, 5TH P.M. IN THE CITY OF DUBUQEU, DUBUQUE COUNTY, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated July 14, 2009, prepared by IIW Engineers ~ Surveyors, PC describing Lot A of Lot 2 of Lot 1 of the E ~/2 of the SW ~/4 of Section 21, T89N, R2E, Stn P.M. in the City of Dubuque, Dubuque County, .Iowa; and Whereas, said plat 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 dated July 14, 2009, prepared by IIW Engineers & Surveyors, PC, 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 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 and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 3rd day of Aug t , 2009. ~~ Roy D. B ol, Mayor Attest: eanne F. Schneider, CMC, City Clerk KEY KNOLLS SUB. 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Turner, City of Dubuque, 50 W. 13 Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 262-09 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY OF LOT A OF LOT 2 OF LOT 1 OF THE E '/z OF THE S1n!'/4 OF SECTION 21, T89N, R2E, 5T" P.. IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, the City of Dubuque entered into an Acquisition Agreement with Dubuque Community School District pursuant to which the Dubuque Community School District agreed to convey Lot A of Lot 2 of Lot 1 of the E '/ of the SW '/4 of Section 21, T89N, R2E, 5t" P.M. in the City of Dubuque, Dubuque County, Iowa, as shown on the Acquisition Plat thereof; and Whereas, Dubuque Community School District has executed a conveyance of said property. 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 Warranty Deed from Dubuque Community School District, copies of which are attached hereto, as required by Iowa Code Section 569.7. 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. Passed, approved and adopted this 3rd day of A gust 2009. Roy . Buol, Mayor A est: ,~° Jeanne F. Schneider, CMC, City Clerk STAT ,~~' ~~ WARRANTY DEED 0 ~ THE IOWA STATE BAR ASSOCIATION 9s ~. Recorder's Cover Sheet `rOCIA`tiCt Preparer Information: (Name, address and phone number) Barry A. Lindahl Suite 330, 300 Main Street, Dubuque, Iowa 52001 (563) 583-4113 Taxpayer Information: (Name and complete address) City of Dubuque, Iowa 50 West 13th Street, Dubuque, Iowa 52001 Return Document To: (Name and complete address) Barry A. Lindahl Suite 330, 300 Main Street, Dubuque, Iowa 52001 (563) 583-4113 Grantors: Dubuque Community School District Grantees: City of Dubuque, Iowa Legal description: See Page 2 Document or instrument number of previously recorded documents: ®The Iowa State Bar Association 2005 IOWADOCS® WARRANTY DEED For the consideration of Ten Dollars ($10.00) and other good and valuable consideration, the Dubuque Community School District does hereby Convey to the City of Dubuque, Iowa, the following described real estate in Dubuque County, Iowa: Lot A of Lot 2 of the Subdivision of Lot 1 of the East'/ of the Southwest'/ of Section 21, T89N, R2E of the Fifth P.M., in the City of Dubuque, Dubuque County, Iowa The grantor hereby covenants with grantees, and successors in interest, that it holds the real estate by title in fee simple; that it has good and lawful authority to sell and convey the real estate; that the real estate is free and clear of all liens and encumbrances, except as may be above stated; and it covenants to warrant and defend the real estate against the lawful claims of all persons, except as may be above stated. Dated : / o~ ~ ~' ~ Dubuque Community School District B. r ep e Presi t, Board of Directors By: J ~ i S. Luc s Secretary, Board of Directors STATE OF IOWA, DUBUQUE COUNTY, ss: nn tnic ~-(~~ ~ti ©-t ~ +~ ty . ~~ before me a Notary Public in and for said County and said Stag, personally,~ppeared Larry D. Loeppke and Joni S. Lucas, to me personally known, who, being by me duly sworn, did say that they are the President and Secretary, respectively, of the Board of Directors of the Dubuque Community School District; that said instrument was signed on behalf of the Dubuque Community School District by authority of its board of directors; and that the execution of said instrument is the votary act and ¢~edg~sajd corporation. N~t~ry Public, State of Iowa - ~,~"' ~.~ RONALD H. HOLM Commission Number 719859 M Comm. Exp. NOV. 21, 2011 Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13`h Street, Dubuque, IA 52001 (563) 589-4270 Return to: Ronald J. Turner, City of Dubuque, 50 W. 13 Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 263-09 RESOLUTION ACCEPTING THE GRANT OF AN EASEMENT FOR UNDERGROUND ELECTRIC, FIBER OPTIC CABLE, TRAFFIC SIGNALS AND OTHER APPURTENANCES THROUGH, UNDER AND ACROSS A PART OF LOT 1 OF LOT 1 OF LOT 2 OF THE E '/2 OF THE SW 1/a OF SECTION 21, T89N, R2E, 5T" P.M. IN THE CITY OF DUBUQUE Whereas, Dubuque Community School District has executed an Easement for Underground Electric, Fiber Optic Cable, Traffic Signals, and Other Appurtenances through, under, and across a part of Lot 1 of Lot 1 of Lot 2 of the E 1/2 of the SW ~/4 of Section 21, T89N, R2E, 5th P.M. in the City of Dubuque, 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 Underground Electric, Fiber Optic Cable, Traffic Signals, and Other Appurtenances through, under, and across a part of Lot 1 of Lot 1 of Lot 2 of the E ~/2 of the SW'/4 of Section 21, T89N, R2E, 5th P.M. in the City of Dubuque, Dubuque County, Iowa from Dubuque Community School District, 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. Passed, approved and adopted this 3rd day of August , 2009. (~ rr,r C~' Roy D. Buol, Mayor Attest: _~~ ~' eanne F. Schneider, CMG, City Clerk Prepared bv: Ronald J. Tumer. City of Dubuque, 50 W. 13'h Street. Dubuque, Iowa 52001 (563)589-4270 Return to: Ronald J. Turner, City of Dubuque, 50 W. 13 Street, Dubuque, Iowa 52001 (563)589-4270 GRANT OF EASEMENT FOR UNDERGROUND ELECTRIC, FIBER OPTIC CABLE, TRAFFIC SIGNALS & OTHER APPURTENANCES For and in consideration of the sum of One and 00/100 Dollar ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, Dubuque Community School District 2300 Chaney Rd 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, aright- of-way and easement through, under and across the following described real estate situated in Dubuque, Iowa, to wit: A part of Lot 1 of Lot 1 of Lot 2 of the East '/z of the Southwest %4 of Section 21, Township 89 North, Range 2 East of the 5~' P.M. in the City of Dubuque, Dub. Co., la., as shown on Exhibit B attached hereto and by reference made a part hereof. Said easement shall be as shown on the attached Exhibit B for the purpose of constructing and maintaining underground electric, fiber optic cable, traffic signals and other appurtenances in accordance with the Plans and Specifications approved by the office of the City Engineer, along with the right, privilege and authority to construct, reconstruct, maintain, operate, repair, patrol and remove said improvements. It is understood and agreed that the Grantee herein shall restore the disturbed area due to the construction, maintenance or repair of said underground electric, fiber optic cable, traffic signals and other appurtenances. 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, 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 Grantee, its agents or contractors, shall at all times have free access to and egress from and over said real estate to maintain or repair said storm sewer thereon or therein. Dat at ~ ~~~~_this ~~ day of 200 . Dubuque Community School District By: Lar . Loe e President, Board of Directors By: Joni S. ucas Secretary, Board of Directors STATE OF IOWA, DUBUQUE COUNTY, ss: On this ~~ ~~y D~F~l~ ~5, f~~~ before me a Notary Public in and for said County a said Statelpersonally appeared Larry D. Loeppke and Joni S. Lucas, to me ersonally known, who, being by me duly sworn, did say that they are the President and Secretary, respectfully, of the Board of Directors of the Dubuque Community School District; that said instrument was signed on behalf of the Dubuque Community School District by authority of its board of directors; and that the execution of said instrument is the voluntary act and deed of said~poration. ,~ otary Public, State bf Iowa .r"' `p RONALD H. HOLM ~ F Commisslon Number 719659 +ow~ My Comm. Exp, NOV. 21, 2011 PREPARED BY: IIW ENGINEERS dt SURVEYORS P. C, 4155 PENNSYLVANIA AVE. DUBUQUE. IOWA, (563) 556-2464 EASEMENT EXHIBIT B PERMANENT TRAFFIC SIGNALIZATION EASEMENT IN LOT 1 OF LOT 1 OF LOT 2 IN THE EAST HALF OF THE SOUTHWEST QUARTER, SECTION 21, T89N, R2E OF THE FIFTH P.M., IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA LEGEND ® PERMANENT TRAFFIC SIGNALIZATION EASEMENT A ~ 456 SQ. FT. /t•/Sy ROW RIGHT-OF-WAY , ~ ~~CC .qN~q ( ) RECORD INFORMATION q ~ UF \ ~ 10' PERMANENT TRAFFIC ~ SIGNALIZATION EASEMENT ~SS~ J SOUTHWESTERLY ROW LINE Y PENNSYLVANIA AVENUE 0: Q ~~ I I-- , ZZ ~ N O I \ Z O o UTS oT \ Y p °m LOT 1 OF LOT 1 OF LOT 2 OF E 1/2 q ~ 4 mv=i I OF SW 1/4 SECTION 21, T89N, R2E I LOT 1 SUNSET PARK I FIFTH ADDITION I N014TH GRAPHIC SCALE 0 10 20 IIw ~ 1 "=10' a~~ ~Y~~~ DRAWING MAY HAVE BEEN REDUCED ~~ ~Aw PROPRIETOR: DUBUQUE COMMUNITY SCHOOL DISTRICT PREPARED FOR: CITY OF DUBUQUE DRAWN SJC PLAT NO. 31-IA-09 DATE PREPARED: JULY 1, 2009 CMECKEO ARC PROJ. NO. 09754-02 ATE o~-07-09 sMEET 1of , :\09 154\754-02 DWG\CIVII 09754-02 Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13`h Street, Dubuque, IA 52001 (563) 589-4270 Return to: Ronald J. Turner, City of Dubuque, 50 W. 13 Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO.. 264-09 RESOLUTION ACCEPTING THE GRANT OF AN EASEMENT FOR UNDERGROUND ELECTRIC, FIFER OPTIC CABLE ~ TRAFFIC SIGNALS AND OTHER APPURTENANCES THROUGH, UNDER AND ACROSS A PART OF LOT 2 OF LOT 1 OF THE E'/Z OF THE Sl~l'/4 OF SECTION 21, T89N, R2E, 5T" P.M. IN THE CITY OF DUBUQUE Whereas, Dubuque Community School District has executed an Easement for Underground Electric, Fiber Optic Cable, Traffic Signals, and Other Appurtenances through, under, and across a part of Lot 2 of Lot 1 of the E ~/ of the SW '/4 of Section 21, T89N, R2E, 5t" P.M. in the City of Dubuque, 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 Underground Electric, Fiber Optic Cable, Traffic Signals, and Other Appurtenances through, under, and across a part of Lot 2 of Lot 1 of the E'/z of the SW'/4 of Section 21, T89N, R2E, 5t" P.M. in the City of Dubuque, Dubuque County, Iowa from Dubuque Community School District, 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. Passed, approved and adopted this 3rd day of Auqu , 2009. Roy D. Buol, Mayor Attest: ~~ eanne F. Schneider, CMC, City Clerk Pr~ared by: Ronald J. Turner. Citv of Dubuoue. 50 W. 13th Street. Dubuoue. Iowa 52001 (563)589-4270 Return to: Ronald J. Turner, City of Dubuque, 50 W. 13 Street, Dubuque, Iowa 52001 (563)589-4270 GRANT OF EASEMENT FOR UNDERGROUND ELECTRIC, FIBER OPTIC CABLE, TRAFFIC SIGNALS & OTHER APPURTENANCES For and in consideration of the sum of One and 00/100 Dollar ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, Dubuque Community School District 2300 Chaney Rd 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, aright- of-way and easement through, under and across the following described real estate situated in Dubuque, Iowa, to wit: A part of Lot 2 of Lot 1 of the East'/2 of the Southwest'/ of Section 21, Township 89 North, Range 2 East of the 5~' P.M. in the City of Dubuque, Dub. Co., la., as shown on Exhibit A and the Acquisition Plat of Lot A attached hereto and by reference made a part hereof. Said easement shall be as shown on the attached Exhibit A and the Acquisition Plat of Lot A of said Lot 2 of Lot 1 for the purpose of constructing and maintaining underground electric, fiber optic cable, traffic signals and other appurtenances in accordance with the Plans and Specifications approved by the office of the City Engineer, along with the right, privilege and authority to construct, reconstruct, maintain, operate, repair, patrol and remove said improvements. It is understood and agreed that the Grantee herein shall restore the disturbed area due to the construction, maintenance or repair of said underground electric, fiber optic cable, traffic signals and other appurtenances. 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, 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 Grantee, its agents or contractors, shall at all times have free access to and egress from and over said real estate to maintain or repair said storm sewer thereon or therein. Da d at ' ~ _this _G~_ day of 20 Dubuque Community School District By La . Lo e President, Board of Directors By: Joni S. ucas Secretary, Board of Directors STATE OF IOWA, DUBUQUE COUNTY, ss: On this D d~ ~ ~u ~ ~"! before me a Notary Public in and for said County an said State, sonally appeared Larry D. Loeppke and Joni S. Lucas, to me personally known, who, being by me duly sworn, did say that they are the President and Secretary, respectfully, of the Board of Directors of the Dubuque Community School District; that said instrument was signed on behalf of the Dubuque Community School District by authority of its board of directors; and that the execution of said instrument is the voluntary act and deed of said co ration. ,. r otary Public, State of Iowa ,*"' °.~ RONALD H. HOLM s 'f Commisslon Number 719655 ,o„~ My Comm. Exp, NCV, 21, 2011 PREPARED BY: IIW ENGINEERS do SURVEYORS P. C, 4155 PENNSYLVANIA AVE. DUBUQUE, IOWA, (563) 556-2464 EASEMENT EXHIBIT A PERMANENT TRAFFIC SIGNALIZATION EASEMENT IN LOT 2 OF LOT 1 OF THE EAST HALF OF THE SOUTHWEST QUARTER, SECTION 21, T89N, R2E OF THE FIFTH P.M., IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA i i WEST LINE LOT 2 OF LOT 1 I SW CORNER LOT 2 OF LOT 1 O S48• ~ A'~//7~~ LEGEND ® PERMANENT TRAFFIC SIGNALIZATION EASEMENT 1680 SQ. FT. ROW RIGHT-OF-WAY LOT 2 OF LOT 1 OF E 1/2 OF SW 1/4 SECTION 21, T89N, R2E 15' PERMANENT TRAFFIC SIGNALIZATION EASEMENT ~ '~ I I ~qH~q q ~UF \ \~ N GRAPHIC SCALE 0 40 80 1°=40' DRAWING MAY HAVE BEEN REDUCED .\ NORTHEASTERLY ROW LINE PENNSYLVANIA AVENUE PROPRIETOR: DUBUQUE COMMUNITY SCHOOL DISTRICT PREPARED FOR: CITY OF DUBUQUE DATE PREPARED: JULY 1, 2009 KEY KNOLLS SUB. BLOCK 7 ~ ~ o NOOO 00~ a y , c N a I ~ ,~ 07NOI~M ~ 3~ _ _ S02'12' 23°E 3 ' _ ~'"~ o vi o'~~jo ~s~ M o o g N(~~ ~~ o~ n ~n 2 376.9 5 ~ o~ p; ,, o M M ~ ° ~ Z Q ~ O (378.28') ~ M _ w ~ Q m ~ ? ~ w 3wwwW ~~y~o~~ <&=i W ~ ~ ~~ m 00N ~ ~ ` '- tp ih v)O~p QoF m~n aa<n ~3 < ~ % ~ ~`" O Y F N ~ ~ O~ N ~ Z Q p M ~ O ~ rn p n co ~ M^ zW~ ~"~ ° o I M ' W W p c ~ N O 4. 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