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Acceptance of Grant of Easement for Sanitary Sewer Utility_Hwy151 & 16 Devel, LLC Copyrighted June 18, 2018 City of Dubuque Consent Items # 34. ITEM TITLE: Acceptance of Grant of Easement for Sanitary Sewer Utility from HWY 151 & 61 Development LLC SUMMARY: City Manager recommending acceptance of a Grant of Easement for Sanitary Sewer Utility from HWY 151 & 61 Development, LLC across Part of Lot 1 and 2 in Riverview Plaza No. 3 in the City of Dubuque as part of the Kerper Boulevard Sanitary Sewer Reconstruction Project. RESOLUTION Accepting a Grant of Easement for Sanitary Sewer Utility Across Part of Lot 1 and 2 in Riverview Plaza No. 3 in the City of Dubuque, lowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type HW Y 151 and 61 Acceptance of Grant of Sanitary City Manager Memo Sewer Utility Easement-NNM Memo Staff Memo Staff Memo Resolution Resolutions Grant of Easement Supporting Documentation 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 Grant of Easement for Sanitary Sewer Utility from HWY 151 & 61 Development, LLC over Part of Lot 1 and 2 in Riverview Plaza No. 3 in the City of Dubuque DATE: June 12, 2018 City Engineer Gus Psihoyos recommends City Council acceptance of a Grant of Easement for Sanitary Sewer Utility from HWY 151 & 61 Development, LLC across Part of Lot 1 and 2 in Riverview Plaza No. 3 in the City of Dubuque as part of the Kerper Boulevard Sanitary Sewer Reconstruction 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 C1TY OF Dubuque � ""r�'� AWArer�Cit� DUB E � �. � . � � � �r Masterpiece on the Mississippi Z�►'�Z°'z z��3�2�� TO: Michael C. Van Milligen, City Manage�,u_a.,, �._. FROM: Gus Psihoyos, City Engineer � �� SUBJECT: Acceptance of Grant of Easement for Sanitary Sewer Utility from HWY 151 & 61 Development, LLC over Part of Lot 1 and 2 in Riverview Plaza No. 3 in the City of Dubuque DATE: June 11, 2018 INTRODUCTION The purpose of this memorandum is to seek acceptance of a Grant of Easement for Sanitary Sewer Utility across Part of Lot 1 and 2 in Riverview Plaza No. 3 in the City of Dubuque as part of the Kerper Boulevard Sanitary Sewer Reconstruction Project. DISCUSSION City Staff and Highway 151 & 61 Development LLC have been in negotiations over the past months regarding a propose sanitary sewer easement along the southern portion of their property abutting Highway 151 and 61. An existing development agreement, between the City of Dubuque and Highway 151 & 61 Development LLC, provided for the exchange of easement areas within the property. This provided the developer with the ability to develop the property without existing utility and right-of-way easements bisecting the property. In exchange the city was guaranteed the right to obtain easements across the property, to serve the public interest, at no cost. We propose to acquire permanent easements and temporary construction easements created for the purpose of constructing the sanitary sewer, performing clearing and grubbing and erosion control construction ac#ivities related to the reconstruction of the sanitary sewer. S�id proposed easement plats are shown in Exhibits A of the attached Grant of Easement. RECOMMENDATION I recommend accepting the Grant of Easement for Sanitary Sewer Utility across Part of Lot 1 and 2 in Riverview Plaza No. 3 in the City of Dubuque, as shown on the exhibit attached to the Grant of Easement. ACTION TO BE TAKEN I respectfully request acceptance of the dedication of Grant of Easement for Sanitary Sewer Utility from HWY 151 & 61 Development, LLC through the adoption of the enclosed resolution. cc: Barry Lindahl, Senior Counsel .,.ea.<<„ �'�"�`�F �" EASEMENT MAP DA�IS � Dvs E o�w�ue eaee e.oex.nnc nu�en anria,sr:Tcn �1a�terriec:<<,ri fheMic.;is�i�,pi �`� - � , - - ,�� -_ � � `� \ �� , �S � \ ��, 8i,3��y '`� y . i \ `�,�� '�� +i— '4 � - �� :'�y1,�3U . .�� ,'I 'y�.� 8�9 � � �. . � _ _� � �1 '��,,,�:.;• � �.2' � � �Y - , ' _ ��` ' .�, �� :c�NUStU 5U' �' F, ��:. Y" � ',�r � ,• � * - =�� ^MPORARY c.,r �� +� F ;l � � . ' � r �� NSTRUCTIOI�' i � � � ��`� ' � '• �'"�r_ i 6� �� ; '.` ` "`' .� �_�u �SEMENT r y�asr . .�' � ��•� �. � `� .� � _ - . �.�' ,r� � _ �; ' • � PROPOSED 25' :,. - - " �.�1 PERMANENT � L,�«' � �� f � :� � ' ' ,+ SAN ITARY ;:~ � ,� ��zg� � • , ,'1 i �.. *�SEWER -� f � � •r � �SFMFni-r .. .�'�' � � f- ,,. .. -.r•-. �-;- .��' . 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'. : .� .�. � . e ' - - ..3% . m r' . � ... ,. _ _� OISCL4YM.., , .. ..... �nf.�.�i.:, � ,•;t•�i;th'��dM�n<,ro c�e<,e�.;ov o�erv�:� M8p Pf2p8fed by: �:�puCue'+.nd U�buAue<'ouh[y.7t Ic untlurscoctl fhakrv�hile �-crcv ot aub�q„s er,a p;:�u<�a�una�v��ren�:nizs��rn� Clty Of DUbUqUe • ,�E��,K:,rr„a n��br0�nr��rt„n��a�m��m,,o�,�;cs<�0 1 inch = 200 feet Engineering Division . u;�v��Ars do nn:ve�rrunY the ncc':irnry ur 4urebnc}uf Gra `n, n::no o�nac�Goncm��,M�nn�e��;.'r��v c¢y,�,a raa�<�i,�c:�,. °'� E 50 West 13th Street ,y:-��mk�,:nr,�i r;oc y«rteia rocio vo:;,�y airk�:c,�na��za,�n:iaa�a„i DubU U2,lOw2 52001 u cini c c or� ia T0: n en r .� �m', 4 ai< . r � c or � v i � . 100 50 0 100 200 300 F@@t PhOn2:�563)589-4270 'Ch I bb Ilty.o� I�'1 S Of �[ P ,y L��e t..o � �.,;- � , _ _ S Fax:(563)589-4205 Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO.183-18 ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER UTILITY ACROSS PART OF LOT 1 AND 2 IN RIVERVIEW PLAZA NO. 3 IN THE CITY OF DUBUQUE, IOWA Whereas, HWY 151 & 61 Development, LLC has executed a Grant of Easement for Sanitary Sewer Utility across Part of Lot 1 and 2 in Riverview Plaza No. 3 in the City of Dubuque, 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 Utility across Part of Lot 1 and 2 in Riverview Plaza No. 3 in the City of Dubuque, Iowa from HWY 151 & 61 Development, 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. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Attest: Passed, approved and adopted 18th day of June, 2 Kevin Fifnstahl, CMC, Ci{y�Clerk Ric W- J(An e- Presiding Officer n 11111 II II II 1 tIIIllIIllI11111li n 1111 1111 Doc ID• 008839980005 Type GEN Kind: EASEMENT Recorded: 06/22/2018 at 02:04:42 PM Fee Amt: $27.00 Page 1 of 5 Dubuque County Iowa John Murphy Recorder F11e2018-00006919 Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563)589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563)589-4270 GRANT OF EASEMENT FOR SANITARY SEWER UTILITY For and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, HWY 151 & 61 Development, L.L.C., an Iowa Limited Liability Company, ("Grantor") does hereby grant to the City of Dubuque ("Grantee"), a municipal corporation, its agents and contractors, from the date hereof, a right of way and easement through, under and across the following described real estate situated in Dubuque County, Iowa, to wit: Part of Lot 1 and 2 in Riverview Plaza No. 3, in the City of Dubuque, Iowa as shown on Exhibit A attached hereto and by reference made a part hereof. Said easement shall be as shown on the attached Exhibit A for the purpose of constructing and maintaining sanitary sewer and other appurtenances, along with the right, privilege and authority to construct, reconstruct, maintain, operate, repair, patrol and remove said improvements. Said easement shall also include the right to cut, trim or remove trees, bushes and roots as may be required incident to rights given herein. Together with the right to enter upon said property and occupy the temporary easement area as 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 construction, maintenance or repair of said sanitary sewer 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 sanitary sewer thereon or therein. Dated at Dubuque, Iowa this aai-* day of Mt.) t) , 2017. By: HWY 151 & 61 Development, L.L.C., riggs, Presiden NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this o T day of 144# , A.D., 2018 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Wayne Briggs, to me known to be the identical person(s) named in and who executed the within and foregoing instrument, to which this is attached, and acknowledged that they executed the same as their voluntary act and deed. *.* lOWA BRIAN J. KANE COMMISSION NO. 125603 My Comm, Explres JAN 12, 2019 Nota and For Said State Reserved for Recorder Dubuque All -America City 1 111' 2007 CITY OF DUBUQUE ENGINEERING DEPARTMENT CITY HALL, 50 WEST 13th STREET DUBUQUE, IA 52001-4864 PHONE (563) 589-4270 FAX (563) 589-4205 Drawn By: RNK Approved By: RNK Date: 05.16-2018 PART OF LOT 1 AND LOT 2 IN RIVERVIEW PLAZA NO. 3, CITY OF DUBUQUE, IOWA C.I.P. Number. Sheet Number. 1 of 1 NORTH 0 50' 100' SCALE 1" = 100' FEET LEGEND 0 R.Q.W. (100.00') 200' FOUND IRON ROD/PIPE SET 5/8" REBAR WITH YELLOW PLASTIC CAP # 18128 RIGHT OF WAY RECORD DIMENSION LINE BREAK ADJACENT PROPERTY LINE - ------ RIGHT OF WAY LINE PROPOSED EASEMENT LINE NOTE: THIS SURVEY IS LOCATED IN THE NW 1/4 SECTION 19, T89N, R3E (JULIEN TOWNSHIP) OF THE 5TH P.M. IN THE CITY OF DUBUQUE, DUBUQUE COUNTY IOWA LOT 2 RIVERVIEW PLAZA NO. 3 LOT 1 s°. 6M/ LC3/ ^� `)h/ //$y by 25' WIDE PERMANENT SANITARY SEWER EASEMENT-\ // ,��, J‘r ®' COQ 50' WIDE TEMPORARY CONSTRUCTION EASEMENT ARC L=281.32' R=2411.83' CHORD N29° 00' 25"E 281.16' LOT 1 RIVERVIEW PLAZA NO. 3 S16° 18' 51"W 66.62' N66° 26' 19"E 17.15 / / / / / / / / / / N66° 26' 19"E 39.13' N66° 26' 19"E 21.40' N S®`N ARC L=248.99' R=2386.83' CHORD N29° 21' 17"E 248.88' ARC L=216.22' R=2361.83' CHORD S29° 42' 56"W 216.14' NOTES: KERPER INDUSTRIAL PARK NO. 2 yd a(6`1 o y i Pi S29° 48' 16"E 26.92' 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. 2. PROPRIETOR OF ABOVE DESCRIBED LOT: HWY 151 & 61 DEVELOPMENT, LLC 3. SURVEY REQUESTED BY: CITY OF 4UBUQUE, 50 W. 13TH ST. DUBUQUE, IOWA 4. TOTAL AREA OF PERIMETER PERM. EASE. SURVEYED IS 22,140 SQUARE FEET 5. THIS EASEMENT PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. CITY OF DUBUQUE EXHIBIT A - SANITARY SEWER EASEMENT COUNTY DUBUQUE PARCEL NO. 1119101029 JOB NO PROJECT KERPER SANITARY SECTION 19 TWP 89N RANGE 3E ROW—FEE N/A EXIST. ROAD N/A PERM. EASEM'T 22,140 SQ.FT. LEGAL DESCRIPTION LOTS 1 & 2 RIVERVIEW PLAZA NO. 3, CITY OF DUBUQUE, IOWA OWNER HWY 151 & 61 DEVELOPMENT, LLC Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO.183-18 ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER UTILITY ACROSS PART OF LOT 1 AND 2 IN RIVERVIEW PLAZA NO. 3 IN THE CITY OF DUBUQUE, IOWA Whereas, HWY 151 & 61 Development, LLC has executed a Grant of Easement for Sanitary Sewer Utility across Part of Lot 1 and 2 in Riverview. Plaza No. 3 in the City of Dubuque, 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 Utility across Part of Lot 1 and 2 in Riverview Plaza No. 3 in the City of Dubuque, Iowa from HWY 151 & 61 Development, 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. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Attest: Passed, approved and adopted 18th day of June, 2 Kevin F` nstahl, CMC, Ci v Clerk w- J otn.® Presiding Officer 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. 183-18 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 19th day of June, 2018. Kevi f S. Firnstahl, CMC, City Clerk