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Grant of Public Utility Easement - Link Properties, LLC Copyrighted April 16, 2018 City of Dubuque Consent Items # 24. ITEM TITLE: Grant of Public Utility Easement- Link Properties, LLC SUMMARY: City Manager recommending acceptance of a permanent Grant of Public Utility Easement from Link Properties, LLC across part of Lot 6 of West Side Commercial Park in the City of Dubuque. RESOLUTION Accepting a Grant of Easement for Public Utility Through, Over and Across Part of Lot 6 of West Side Commercial Park, in the city of Dubuque, lowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Acceptance of Grant of Utility Easement from Link City Manager Memo Properties-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 Public Utility Easement over Link Properties, LLC Property at 180 Westside Court in Dubuque, lowa DATE: April 3, 2018 City Engineer Gus Psihoyos recommends City Council acceptance of a permanent Grant of Public Utility Easement from Link Properties, LLC across part of Lot 6 of West Side Commercial Park in the City of Dubuque. The easement will allow the City to operate, maintain and repair the existing public storm sewer and public sanitary sewer utilities. 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 Dubuque � AM•N�eeiea sih DuB E ;.._ _ � ; � Il � Masterpiece on the Mississippi z�'�2°'Z zot��zo,� TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer �__.� - SUBJECT: Acceptance of a Grant of Public Utility Easement over Link Properties, LLC Property at 180 Westside Court in Dubuque, lowa DATE: April 3, 2018 INTRODUCTION The purpose of this memorandum is to seek acceptance of a permanent easement for public utilities across part of Lot 6 of West Side Commercial Park in the City of Dubuque. DISCUSSION Public storm sewer and public sanitary sewer utilities were installed across the Link Hydraulic property as part of the original development of West Side Commercial Park and the construction of Westside Court. The existing public utilities are not located within an existing easement. As part of a recent site redevelopment project, the City requested that the owner grant an easement for the existing utilities. The easement will allow the City to operate, maintain and repair the existing utilities. The owner of the property has granted a new easement to cover the utiliti�s. RECOMMENDATION I recommend accepting the Grant of Public Utility Easement through, over and across part of Lot 6 of West Side Commercial Park in the City of Dubuque, lowa, as shown on the as shown on Exhibit A of the attached Grant of Public Utility Easement. ACTION TO BE TAKEN I respectfully request acceptance of the Grant of Public Utility Easement from Link Properties, LLC through the adoption of the attached resolution. Prepared by Nate Kieffer, PLS THECTTYOF AREA MAP ^ P DUB E DAGIS ,� o�e�Q�E�aER��aAP��,��aMa.�ovs.,.E� Masterpiece on the Micc{cc{F�pi , . ..,. , ,:. , �., n -- 5300 5250 ' . � * �k-�'" .- r^ik',� � , }�{ �'�'� _ �� r; � ; ,. � : ' � '� ,- - � __ � ` ,��' �.� ��.E �. ., � , .'� �..e � � . � �� y � .`� .`:;, �� '�. �. . , ,� . .. � ' . ' - ' ' ...; ., „ .-., .. . � > _� � .r...• . �,�� .. ��`'�'�l t �`x n.s . .:.. ... i . �. , , �_ �.i.� :. _ se��' � . . 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'`,� �55'� � - .<f *�p .,�'a��-'� . � .iw_ . . .. „�, � �„�, � , � �� a . , � �`�� :,�:. , .ti , � -`� � � � d � � ,,� � . �.�: ,. , - . � � � � � � �l,y; ` _ y'� -� � 4 �"�.e „ �r � A� � ' \ � °�=� ' ` : .:w Dubu ue,Count Assessor;Cit of Dub ue Assessor- � � f -'� '°�. �: ��. q Y Y DISCLAIMER:Thls Informatlon was mmplled �sing the Dubuque Area Geographlc Informatlon SVstem oAcis�,wnid,md�d�dar��eaeed ev eom me ciev oF � Map P�epa�ed by: Dubuque and Dubuque County. It Is understood that,whlle me ciev oF o�e�q�e a�d pa�eidpaei�g age�d��ewzed me City of Dubuque mo��,��e�ca�da��ce��fo�mac�o�a�auabie,oA��sa�d 1 ineh = 150 feet EngineeringDivision ie�s�,vvue�s do�oe wa��a�e me a��a o��,Re�a of ine mr��maeio�o�dar��o�eai�ed ne�em rne ciev a�d PamdPaei�g 50 West 13th St�eet age��i�snau�oe ee neia uaeie Fo�a�v ai�e�e,i�ai�e�e,i��iae�eai, Dubuque,lowa 52001 ��a�e�eiai,v��ieroe,o�svedai aamae�,wneme�Fo��eeaeie o� ��eeaeie,a��s��g o�e oF me a�eno�izea o��a�eno�izea�se oF 100 50 0 100 200 Feet Phone:(563)589-4270 mis daea o�me i�aewev eo��mis daea o�o�e oF a�v e�ead,oF wa��a�ry wnarsoe�e� Fax.(563)589-4205 ''UI 11 IIII Doc ID 008807160005 Kind: EASEMENT Recorded: 04/20/2018 Fee Amt: $27.00 Page Dubuque County Iowa John Murphy Recorder 111111111011 Type GEN at 02:15:32 PM 1 of 5 Fi1e2018-00004112 Prepared by: Nate Kieffer, PLS, City of Dubuque, 50 W. 1301 Street, Dubuque, IA 52001 (563) 589-4270 Return to: Nate Kieffer, PLS, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 GRANT OF EASEMENT FOR PUBLIC UTILITY' For and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, �1iyK oviZui e tePS ALL 180 Westside Court Dubuque, Iowa 52003 of Dubuque County, State of Iowa, for themselves, their successors, 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 thedate hereof, a right-of-way and easement through, under and across the following described real estate situated in Dubuque, Iowa, to wit: Lot 6 of West Side Commercial Park, in the City of Dubuque, Iowa Said easement shall be over that portion of the 30' wide Public Utility Easement lying in Lot 6 of West Side Commercial Park as shown on the Plat of Survey (Retracement) and Plat of Shared Access and Public Utility Easement, File Number 2015-9304 in the Office of the Dubuque County Recorder, attached hereto and labelled "Attachment A", for the purpose of a public utility easement. Subsequent property owners, their successors, heirs or assigns shall not erect any structure over or within the easement area without obtaining the prior written consent of the City Engineer. Subsequent property owners, their successors, heirs and assigns bear the financial and other responsibility for replacement or repair of curbs, pavements, structures or any other improvements made by subsequent property owners over, on or within the easement area arising from the maintenance or repair of the utilities. Subsequent property owners, their successors, heirs and assigns shall not change the grade, elevation, or contour or perform any construction or excavation that will diminish the lateral support of said water main 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 utilities thereon or therein. Said easement shall be binding on all subsequent property owners, their successors, heirs and assigns. Dated at c, - , Iowa this (9-114- y ay f y di , 200., Andrew Link, President NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this 17 day of rt_- , A.D., 2018,before me, the undersigned, a Notary Public in and for aid County, in said State, personally appeared Andrew Link to me known to be the identical person(s) named in and who executed the within and foregoing instrument, to hich this is attached, and acknowledged that they executed the same as the `v luntary ac . nd deed. arnelle W{/;-2/6) Notary Public nd For Said State *"'"`P PAMELA J. McCARRON Commission Number 772419 My Comm. Exp. 1-5 2DI8 Exki6I4 A IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIAVIIIVIIIIII►IVIIIIIIAIIIIIII!IllIII! 1111111 Doc ID 008282090001 Type: GEN Kind RETRACEMENT SURVEY Recorded: 07/20/2015 at 10:49:25 AM Fee Amt: $7.00 Pape 1 of 1 Dubuque County Iowa John Murphy Recorder F11e2015-00009304 Prepared by: SCHNEIDER Land Surveying and Planning, Inc. P.O.Box 128 Farley, Iowa 52046 Ph#563-744-3631 PLAT OF SURVEY (RETRACEMENT) AND PLAT OF SHARED ACCESS AND PUBLIC UTILITY EASEMENTS LOT 6, WEST SIDE COMMERCIAL PARK, CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA / /ySs // / Oy,, ,AST\ �`ST9S -9< 0G F so7.T9\ O-9..,' LOT 4• WESTSIDE COMMERCIAL PARK, DUBUQUE. TH- E BUILDING ENCROACHES 1.2' ONTO LOT IN WESTSIDE COMMERCIAL PARK (WESTSIDE COURT) I PUBLIC UTILITY EASEMENT & SHARED ACCESS EASEMENT (30' WIDE ) 20' WIDE PUBLIC UTILITY EASEMENT _r AS ILLUSTRATED ON INST.N0.4510-83 PUBLIC UTILITY EASEMENT & SHARED ACCESS EASEMENT (20' WIDE ) in co 0. m o 0 (L z •O •y a 0. z. cc 20' LOT 6 WEST SIDE COMMERCIAL PARK TOTAL AREA 2.05 ACRES 20' NORTHERN NATURAL GAS PIPELINE EASEMENT------\„ (RECORDED IN LAND DEED BOOK 62. PAGES 398-400.) A„ ---NE CORNER LOT 6 WEST SIDE COMMERCIAL PARK rn 0 m ON n .N M, N- 3 -3 ti N- o u7 w 0¢ OCfl w LEGEND O SET 1/2" REBAR w/ YELLOW CAP #14417 X SET MAG NAIL X FOUND X' CUT IN CONCRETE A FOUND 3/4" PIPE • FOUND 1-1/4" PIPE • FOUND 5/8" REBAR w/ CAP #14414 ■ FOUND 5/8" REBAR w/ CAP #9651 APPROXIMATE LOCATION 40' GAS PIPELINE EASEMENT AS SHOWN ON THE PLAT OF WESTSIDE COMMERCIAL PARK (INST. NO. 4510-83) ..7--7------ N88'54'16"W 195.93' REC. AS: N89'16'06"W 196.45' 6 N89°14'47"E 195.93' PROPRIETOR: LINK PROPERTIES, L.L.C. 180 WESTSIDE COURT DUBUQUE, IOWA 52003 SURVEY REQUESTED BY: ANDREW LINK SE CORNER LOT 6 WEST SIDE COMMERCIAL PARK LEGAL DESCRIPTION: LOT 6, WEST SIDE COMMERCIAL PARK, CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my digit personal supervision and that I duly licens�f LajnSurveyor under the laws of he State o�- Iowa ��i ' /invMZDi�Il1� ma. David P. Schneider P.L.S. #14417 % Date: My license renewal date is December 31, 2015. Pages or sheets covered by this seal: THIS SHEET ONLY 0 cn GRAPHIC SCALE 0 03 c -i O SCHNEIDER Land Surveying Planning, Inc. P.O. Box 128 Farley. Iowa 52046 Ph# 563-744-3631 Fax 563-744-3629 Project:2002RETRACE Survey Date:7/6/2015 Sheet: 1 of 1 Prepared by: Nate Kieffer, City of Dubuque 50 W. 13th Street Dubuque, IA 52001 (563) 589-4270 Return to: Kevin S. Firnstahl City Clerk, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4121 RESOLUTION NO. 100-18 ACCEPTING A GRANT OF EASEMENT FOR PUBLIC UTILITY THROUGH, OVER AND ACROSS PART OF LOT 6 OF WEST SIDE COMMERCIAL PARK, IN THE CITY OF DUBUQUE, IOWA Whereas, Link Properties, LLC has executed a Permanent Easement for Public Utility through, over and across Part of Lot 6 of West Side Commercial Park 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 Permanent Easement for Public Utility through, over and across Part of Lot 6 of West Side Commercial Park in the City of Dubuque, Dubuque County, Iowa as shown on Exhibit A, from Link 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. Section 3. The City Clerk is hereby authorized to and directed to record this resolution and easement with the Dubuque County Recorder. Attest: Passed, approved and adopted this 16th dayf April, 2018. Daid T. Resnick, Mayor Pro -Tern Kevi S. Firnstahl, 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. 100-18 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 18th day of April, 2018. Kevin S. Firnstahl, GMC, City Clerk