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DICW_North Siegert Farm Utilities Easementszoos TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Dubuque Industrial Center West -North Siegert Farm Utility Easements DATE: September 1, 2009 City Engineer Gus Psihoyos recommends City Council approval of resolutions accepting the sanitary sewer and watermain easements in the Dubuque Industrial Center West for the extension of said utilities with regard to the development of the North Siegert Farm. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer THE CITY OF DUB E Masterpiece on the Mississippi TO: Michael C. Van Milligen, FROM: DATE: City Manager Gus Psihoyos, City Engineer August 31, 2009 SUBJECT: Dubuque Industrial Center West -North Siegert Farm Utility Easements INTRODUCTION Dubuque AM-AmericaC~lr 2007 Enclosed are the resolutions accepting the sanitary sewer and watermain easements in the Dubuque Industrial Center West for the extension of said utilities with regard to the development of the North Siegert Farm. DISCUSSION Easement over private property was necessary in order to extend the existing sanitary sewer and watermain into the newly-graded area north of Chavenelle Road (North Siegert Farm). A small triangular-shaped easement was acquired from Giese Properties, LLC in order to extend a 12-inch watermain in Chavenelle Road to the new proposed street which will connect to Pennsylvania Avenue. A sanitary sewer easement was acquired from Callahan Construction, Inc. at the east side of the Westbrook development. This sewer will be extended to serve the western portion of the North Siegert Farm. Enclosed are two easements for the project. RECOMMENDATION The above property and easements have been purchased by the City for a total value of $625.78. I would recommend the adoption of the attached resolutions accepting the easements for the sanitary sewer and watermain. ACTION TO BE TAKEN The City Council is requested to adopt the attached resolutions accepting the easements from Callahan Construction, Inc. and Giese Properties, LLC. Prepared by Ron Turner, PLS cc: Steve Sampson Brown, Project Manager David Heiar, Economic Development Director Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th 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. . 309-09 RESOLUTION ACCEPTING A GRANT OF AN EASEMENT FOR SANITARY SEWER THROUGH, UNDER AND ACROSS A PART OF LOT A OF WESTBROOK SUBDIVISION IN THE CITY OF DUBUQUE Whereas, Callahan Construction, Inc. has executed an Easement for Sanitary Sewer through, under and across a part of Lot A of Westbrook Subdivision 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 Sanitary Sewer through, under and across a part of Lot A of Westbrook Subdivision in the City of Dubuque, Dubuque County, Iowa from Callahan Construction, Inc., 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 sih day of Se 'tember , 2009. Roy D. Buol, Mayor Att fit: ~.~~ eanne F. Schneider, CMC, City Clerk Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13~' 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 GRANT OF EASEMENT FOR SANITARY SEWER For and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, Callahan Construction, Inc. 7629 Commerce Park Dubuque IA 52002 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 A of Westbrook Subdivision in the City of Dubuque, Dub. Co., Iowa. Said easement shall be as shown on the attached EXHIBIT A, for the purpose of constructing, reconstructing, remodeling or repairing a sanitary sewer and appurtenances in accordance with the Plans and Specifications on file in the office of the City Engineer. Grantor further grants to the City of Dubuque, and its employees, agents and contractors, the right to enter said property and occupy a temporary easement during the period of construction over a strip of land not to exceed 50 feet in width on either side of the centerline of the proposed sewer on said property until the project is accepted by the City Council. It is understood and agreed that the grantee herein shall restore the disturbed area due to the installation and repair of said sanitary sewer. 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 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, forever, and the undersigned do hereby expressly covenant that they are the owner(s) 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 sanitary sewer thereon or therein. By my/our signature(s), I/we hereby acknowledge receipt of a compensation estimate of the value of the real property or interest in real property, and ~ of any buildings or other improvements, including fences located on the real property being acquired or compensated for and of any damages or loss of access caused to remaining property, if any, in lieu of an appraisal of such property, buildings or improvements, as provided in Iowa Code Sections 66.28 and 68.54(2). '~ 20~Q9. Dated at Dubuque, Iowa this ~~ day of ,~ ~~ ` ' ~?' ~ ahan Construction, Inc. ALL PURPOSE ACKNOWLEDGMENT STATE OF IOWA COUNTY OF DUBUQUE ~~r~ ~ On this ,~~.'~--day of , 2009, before e, the undersigned, a Notary Public in and for said State, personally app ared "~~ % C~l~~~ .~ to me personally known, OR _ proved to me on the basis of satisfactory evidence to be fhe person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their a horized capacity(ies), and that by his/her/their signature(s) on the instrument the pen(s) a~executed the instrument. (Not ~'~~~'`~ (sign in ink) _.~.~.. ir* ., RONALD J. TURPiEFi '~ Comm)€slcn Numb®r 18864 ~ ~ , /~C~~~ (print/type name) ,,,,, r &ty Ca~nmlas!on Explrb~ :Z-'1 ~I`G Notary Public in and for State of Iowa CAPACITY CLAIMED BY SIGNER _ INDIVIDUAL CORPORATE OFFICER(S) ~~~~~ (Title) (CORP SEAL) _ AFFIXED SIGNER IS REPRESENTING: NO SEAL PROCURED Name of Person(s) or Entity(ies): PARTNER(S) _ LIMITED ~a GENERAL Callahan Construction, Inc. _ ATTORNEY-IN-FACT _ TRUSTEE(S) _ GUARDIAN/CONSERVATOR OTHER PREPARE(] av~ IIW ENGINEERS & SURVEYORS P.C, 4155 PENNSYLVANIA AVE, DUBUQUE, IOWA, (563) 556-2464 EXHIBIT A PERMANENT SANITARY SEWER EASEMENT ACROSS PART OF LOT A OF WESTBROOK SUBDIVISION IN THE CITY OF DUBUQUE, IOWA I I W ~ 00 N p rn o LOT 2-1 ~ ~ NORTH `~ ~ SE1 /4 NWl /4 ~ LOT 2 SEC. 30-89-2E GRAPHIC SCALE SW1/4 NW1/4 I 0 100 200 SEC. 30-89-2E I ~"=ioo' ., PERMANENT SANITARY DRAWING MAY HAVE BEEN REDUCED (N 89'20'27" E ' SEWER EASEMENT 189.42) ~ 2,900 SQ. FT. _..~-_ _-- ~ 25~ ~. ~~--" . ~-~ ~. _ _ X 2.0' SANITARY SEWER EASEMENT °o PER INST. 2005-3188 LOT A WESTBROOK SUBDIVISION o LEGEND -, 0 PARCEL BOUNDARY j ( ) RECORD INFORMATION _, ROW RIGHT-OF-WAY ~"! v EX EXISTING NOTE IIVf/ E1JGII~3 ~ THIS SURVEY IS SUBJECT TO EASEMENTS, SURVEYOlt3, P.G RESERVATIONS, RESTRICTIONS AND nr~ ~`~' .oruno~s RIGHTS-OF-WAY OF RECORD AND NOT OF 4>%tm~wsx,.vruuwvs ~ ,~`s~m RECORD. ~ ~~ ~~ PROPRIETOR: CALLAHAN CONSTRUCTION, INC. DRAWN s"~ ''`"' ""' `°-' SURVEYED FOR: CITY OF DUBUQUE CHECKED JMT PROJ. N0.0714 DATE PREPARED: JUNE 2009 DATE 06-04-09 SHEET 1 ct 1 :\07\147-01\DWC\CIV\PH3\EASE- Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th 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. 310-09 RESOLUTION ACCEPTING A GRANT OF AN EASEMENT FOR WATERMAIN THROUGH, UNDER AND ACROSS A PART OF LOT 1 OF 1 OF DUBUQUE INDUSTRIAL CENTER WEST 5T" ADDITION IN THE CITY OF DUBUQUE Whereas, Giese Properties, LLC has executed an Easement for Watermain through, under and across a part of Lot 1 of 1 of Dubuque Industrial Center West Stn Addition 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 Watermain through, under and across a part of Lot 1 of 1 of Dubuque Industrial Center West 5t" Addition in the City of Dubuque, Dubuque County, Iowa from Giese Properties, LLC, 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 8th day of se Gember , 2009. ~ ` ,~ ` ~ Roy D. Buol, Mayor Attest: .~~~~' .. eanne F. Schneider, CMC, City Clerk Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th 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 GRANT OF EASEMENT FOR WATERMAIN For and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, Giese Properties, LLC 7025 Chavenelle Rd. Dubuque, la 52002 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: Lot 1 of 1 of Dubuque Industrial Center West 5th Addition in the City of Dubuque, Dubuque Co., Iowa Said easement shall be as shown on the attached Exhibit A for the purpose of constructing and maintaining a watermain in accordance with the Plans and Specifications on file in the office of the City Engineer. Together with the right to enter upon said property and occupy the temporary easement area twenty feet beyond the limits shown on the attached Exhibit A during the period of construction until the project is accepted by City Council. It is understood and agreed that the grantee herein shall restore the disturbed area due to the installation or repair of said storm sewer. Grantor shall not erect any structure over or within the easement area without obtaining the prior written approval of the City Engineer. Apr. 17, 2009 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, 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, remodel or repair said storm sewer thereon or therein. By my/our signature(s), I/we hereby acknowledge receipt of a compensation estimate of the value of the real property or interest in real property, and of any buildings or other improvements, including fences located on the real property being acquired or compensated for and of any damages or loss of access caused to remaining property, if any, in lieu of an appraisal of such property, buildings or improvements, as provided in Iowa Code Sections 6B.2B and 6B.54(2). Dated at Dubuque, Iowa this ~_ da / of l~~ , 2009. ese Properties, LLC ALL PURPOSE ACKNOWLEDGMENT STATE OF IOWA ) COUNTY OF DUB~UQ~UE ) On this _~~~-- day of ~5 , 2009, before me, th undersigned, a Notary Public in and for said Stat ,personally appeared osn¢s ~~ ~: ; es ~. to me personally known, OR proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument/ the person )acted, executed the instrument. ~ -~ (Notary Seal) ~P ~ ®~ RONALD J. TURNER _° ~ 4omr~l~slor~ Nuntrar 488684 ,o~~ ~ Yy Co,~rr~l~yler P.rplre~~ O'217~"L ign in ink) ,~~-,.,.~~~ ~~'~/~-(print/type name) Notary Public in and for State of Iowa Apr. 17, 2009 PREPARED BY; IIW ENGINEERS & SURVEYORS P. C, 4155 PENNSYLVANIA AVE, DUBUQUE, IOWA, (563) 556-2464 EXHIBIT A PERMANENT WATER MAIN EASEMENT ACROSS PART OF LOT 1-1 OF DUBUQUE INDUSTRIAL CENTER WEST 5TH ADDITION IN THE CITY OF ~ DUBUQUE, IOWA EX ~T&T EASEMENT PER LOT 1-1 INST. 5903-88 I SE1/4 NWt/4 I - - - SEC. 30, T89N, R2E _ _ _ _ _ _ _ ~ _ _ - (N87'14'45"E 300.58') N ~~ ON ~ NORTH ; LOT 1-1 ~• 1.831 ACRES LOT 2-1 GRAPHIC SCALE `,~. oo DUBUQUE INDUSTRIAL 0 , 100 200 ~ m CENTER WEST 5TH ADD ~ ~ fV 1 "=100' ~ J G'_ (L= 107.33' DRAWING MAY HAVE BEEN REDUCED R= 1050.00' '~ ~= 05'51'23" LOT 6, DUBUQUE CHORD= S78'S8'33"W INDUSTRIAL CENTER WEST 107.28') LEGEND -~ PARCEL BOUNDARY , PERMANENT WATER ( > RECORD INFORMATION ~ MAIN EASEMENT ROW RIGHT-OF-WAY ~O - 735 SQ. FT. U.E, PUBLIC UTILITY EASEMENT ~ ~ _ + /~ O EX EXISTING ^, ~ EX 15' U.E. i 38,0+ ROAD ~ CHAVENELLE // ~ (100 ROW) NOTE ~~~~ THIS SURVEY IS SUBJECT TO EASEMENTS, SURVBYORS, P.C. RESERVATIONS, RESTRICTIONS AND ~t '0fp°0'~ RIGHTS-OF-WAY OF RECORD AND NOT OF 4wrD0~0°04awwnv~wmwvs a `~um RECORD. MO1~~ ~ ~""' PROPRIETOR: GIESE PROPERTIES, LLC. DRAWN sAF PLAT NO. 25-IA-o9 SURVEYED FOR: CITY OF DUBUQUE CHECKED ,1MT PROJ. NO. 07147-01 DATE PREPARED: JUNE 2009 DATE o6-o4-os sHEEr 1 ct 1 \07\147-01\DWG\CIV\PH,3\EASE-GIESE CAPACITY CLAIMED BY SIGNER _ INDIVIDUAL r CORPORATE OFFICER(S) t c< r~s~d a (Title) (CORP SEAL) _ AFFIXED ~C' NO SEAL PROCURED _ PARTNER(S) x LIMITED _ GENERAL _ ATTORNEY-IN-FACT TRUSTEE(S) _ GUARDIAN/CONSERVATOR OTHER SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies) Giese Properties, LLC Apr. 17, 2009