Acceptance of Grant of Easement for Water Main/Fiber Optics_Luckstead Property Copyrighted
October 15, 2018
City of Dubuque Consent Items # 14.
ITEM TITLE: Acceptance of Grantof Easementfor Water Main and
Fiber Optics - Jon D. Luckstead Property
SUMMARY: City Manager recommending acceptance of a Grant of
Easement for Water Main and Fiber Optics Utility across
Jon D. Luckstead property, being part of Lots D, 3, and 4
of Tamarack S.E. Fourth Subdivision, in Dubuque County,
as part of the Tamarack Park Water Main Extension Project
2018.
RESOLUTION Accepting a Grantof Easementforwater
main and fiber optics utility through, over and across part of
Lots D, 3, and 4 of Tamarack S.E. Fourth Subdivision, in
the City of Dubuque, lowa
SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Acceptance of Grant of Easement for Water Main and City Manager Memo
Fiber Optics from Jon Luckstead-MVM Memo
Staff Memo Staff Memo
Resolution Resolutions
Signed Easement 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 Water Main and Fiber Optics
Utility over Jon D. Luckstead Property in Tamarack Park, Dubuque, lowa
Tamarack Park Water Main Extension Project 2018
DATE: October 9, 2018
City Engineer Gus Psihoyos recommends City Council acceptance of a Grant of
Easement for Water Main and Fiber Optics Utility across Jon D. Luckstead property,
being part of Lots D, 3, and 4 of Tamarack S.E. Fourth Subdivision, in Dubuque County,
as part of the Tamarack Park Water Main Extension Project 2018.
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
�
All-AnEria Cih
UB E {�� ���
I
Masterpiece on the Mississippi 2°°'�Z°l2
2013•2017
TO: Michael C. Van Milligen, City Mana
FROM: Gus Psihoyos, City Engineer „���
DATE: October 8, 2018
RE: Acceptance of a Grant of Easement for Water Main and Fiber Optics Utility over
Jon D. Luckstead Property in Tamarack Park, Dubuque, lowa
Tamarack Park Water Main Extension Project 2018
INTRODUCTION
The purpose of this memorandum is to seek approval and acceptance of a Grant of Easement
for Water Main and Fiber Optics Utility across Jon D. Luckstead property being part of Lots D,
3, and 4 of Tamarack S.E. Fourth Subdivision, in Dubuque County, lowa as part of the
Tamarack Park Water Main Extension Project 2018. The project is located along Highway
151/61 south toward the Dubuque Airport. This project will extend a 16-inch diameter water
main, from the recently constructed Dubuque Regional Airport water main, across Highway 61
to Tamarack Park, and eventually create a loop with water main along the SW Arterial.
BACKGROUND
In 2016, the City installed water and sanitary sewer lines to the Dubuque Regional Airport.
The 2016 project plans included the installation of water main to Tamarack Park. However,
rock was encountered at the proposed crossing and the water line was not constructed due to
insufficient funding to complete the project through rock.
DISCUSSION
The proposed project supports the pre-annexation agreement the City has in place with the
Tamarack Park subdivision owner, Jon D. Luckstead, dated 17t" October 2016. Per the
agreement, the City is to install a 16-inch diameter water main across Highway 151/61 within
two-years of the signed agreement. In addition, the owner presented a written request to the
City in March 2017 for the City to implement a standard water distribution system in the
frontage road of Tamarack. The project was presented for funding during the FY2019 budget
process held in 2017, reflecting the increased expense associated with boring through rock.
Funding was approved and the project was designed to meet the target date in the fall of 2018.
The project has experienced a slight delay due to changes in the lowa Department of
Transportation (IADOT) right of way location along highway 151/61, which determines where
the water main is permitted. The delay has resulted in a change to the original completion
date as the plans had to be modified to show a revised water main installation location meeting
the IADOT's requirements. These issues have since been resolved, but will require an
additional easement be obtained to complete the project. The easement acquisition procedure
will parallel the Council initiate, bid, and award schedule to reduce further delays. The project
however will not be awarded until all easements have been secured. A meeting will be
scheduled with the owner of Tamarack Park to coordinate these activities and discuss the
revised schedule.
The easement also provides for the extension of fiber optic utilities in the future.
RECOMMENDATION
I recommend accepting the Grant of Easement for Water Main and Fiber Optics Utility through,
over and across part of Lots D, 3, and 4 of Tamarack S.E. Fourth Subdivision, in Dubuque
County, lowa, as shown on the attached Grant of Easement document to facilitate the
construction of the Tamarack Park Water Main Extension Project 2018.
ACTION TO BE TAKEN
I respectfully request acceptance of the Grant of Easement for Water Main and Fiber Optics
Utility from Jon D. Luckstead through the adoption of the enclosed resolution.
Prepared by Nate Kieffer, PLS
cc: Denise Ihrig, Water Department Manager
Brant Schueller, Water Distribution Supervisor
2
Imp 1111111IIY
Y
11111
lIijhI
V
Doc ID' 010192500007 Type GEN
Kind: EASEMENT
Recorded: 10/19/2018 at 12:27:25 PM
Fee Amt: $37.00 Page 1 of 7
Dubuque County Iowa
John Murphy Recorder
IIlIi
F11e2018-00012345
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 WATER MAIN AND FIBER OPTICS 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,
aefrn D. Luckstead
3642 Echo Hills Drive
Bellevue, IA 52031
of Jackson 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, from the date hereof, rights of ways and
easements through, under and across the following described real estate
situated in Dubuque, Iowa, to wit:
Part of Lots D, 3, and 4 of Tamarack S.E. Fourth Subdivision, in Dubuque
County, 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 water main and fiber optics utilities 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 B during the period of
construction until the project is accepted by City Council.
'5106 op 6:36ucciki
It is understood and agreed that the Granteeherein shall restore the disturbed
area due to the construction, maintenance or repair of said water main 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 water main and
fiber optics utilities thereon or therein.
Dated at Dubuque, Iowa this-TH day of S /2/1-:-7114502., 2018.
By:
J
D. Luckstead
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
On this 27 riy day of 56 wive-, .D., 2018 before me, the undersigned,
a Notary Public in and for said County, in said State, personally appeared Jin- Jo tkA
D. Luckstead. 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.
oi`l^cs RUSSELL N KIEFFER
o Commission Number 778626
z JCG
My Commission Expires
iowP May 24, 2019
Notary Public In and For Said State
s2,1J L.
PREPARED BY: Dan Hingtgen, L.S. 14052
WHKS & co. 17D1 Route 35 North
East Dubuque, IL 61025 Tel. (815) 747-8833
EXHIBIT A
for
A PERMANENT UTILITY EASEMENT FOR WATER MAIN AND FIBER OPTICS, 20.0 FOOT IN WIDTH,
LOCATED IN LOTS D, 3 AND 4 OF TAMARACK S.E. FOURTH SUBDIVISION IN DUBUQUE COUNTY, IOWA
LOT E
II II
..S/4\ , ONGOING
-/?
CONDEMNATION
\ 1//000`\- PROCEEDINGS
441111111411,1
NNGOING
Mulgrew 011 Co.
LOT 8
0R
GPONDE14NATION
P0"iEEE INGS 11664
82°56'31" E N 60°33'50" E
14
102.38' 21.63'
LOT D
N 07°03'29" W
N 16°23'05" E
122.91'
5 21°39'38" W
20.84' /
Jon D. Luckstead
LOT D
LOT
5 16°23'05" W
105.65'
/
/
Jon D. Luckstead
14 18°26'28" E t` -fl
60.66'a
/- i 'C S 18°26'28" W
N 44°11'33" E� z..%<�P,.j 61.25'
L3-,
�58P Off/
ti
Jon D.
Luckstead
LOT
N 44°56'28" E
20.00'
"a L2
N 28°58'02" E
41.65'
N 05°08'16" E-
103.93'
/
-5' //
k5 28°58'02" W
37.50'
/
/
N 43°00'28" E ,
69.42'
N 33°30'14" E
89.66'
N 29°45'49" E
114.59'
N 50°42'41" E
\3.87'
WokpN�Z f
R /
1 �
S 50°42'41" W
98.49' /
Southeast4ofTarnCorner ofS
Fou r of Tamarack SE
Fourth Subdivision
Southwesterly oofTamarack
o acne E
Lot 4 of bmvrack SE
Fauah Subdivision
S 05°08'16" W
106.57'
7 " i•
�r/ "' " s 4'00'28" W
or /.
/7/\
7. 4 /
S 33°30'14" W
�//87.34'
/
//-1 ;f -529°45'49"W /
C.1, 1 117.63'
966 o1
Beginning
N 63°41'06" W,
79.39' /
/Zr/ /
/ i,/
1
/
N 07°03'29" W 37.49'
N 82°56'31" E 102.38'
0,111
0..ENGR.. �- ..
c.,: DA1NIEL
•
7. `75 • H 1 J. 2 N : A / `i. L4 4•'. .• �� Dan Hingtgen, °° 4rveyor Date
License number: 14052
My registration renewal dote Is December 31, 2018
Pages or sheets covered by this seal: Z (Qt,jt
// /
/
I hereby certify that this land surveying document was
prepared and the related survey work was performed by
me or under my direct personal supervision and that I
am a duly license. Land:/ urveyor under the laws of the
State of Iowa.
IOWA
.0'ss
EASEMENT EXHIBIT
Drown by 0J/ Project No.:8640,00
Drawing Dote: 09/26/15
Drawing Name: K: (8640.00-080 at to romeracklEosementt
Lucksleed Eosemene.dwg
engineers + planners + land surveyors
PROPERTY OWNER:
Jon D. Luckstead
SURVEY REQUESTED BY:
City of Dubuque
FIELD SURVEY CONDUCTED ON:
09/12/18 •
PERMANENT EASEMENT
AREA BREAKDOWN
LOT D
12,162 00.61. or 0.28 ACRES
LOT 3
7,528 00.61. or 0.17 ACRES
LOT 4
8,865 SOFT. or 0.20 ACRES
LUCKSTEAD 28,555 SF.FT. OR
0.65 ACRES - TOTAL
LEGEND
A DOT ROW MAKER
FOUND MAG NAIL IN
HMA PAVEMENT
O FOUND 5/8" REBAR
with CAP NO. 12631
O FOUND 5/6" REBAR
with CAP N0. 8505
15.0' FIELD MEASUREMENT
(r60'') PREVIOUSLY RECORDED
- - - HIGHWAY 61/151 ROW
- - - - TAMARACK ROW
LOT ONES
"'PROPOSED WATER MAIN
EDGE OD EXISTING ROAD
'77771 PERMANENT UTIUTY
�•-+-•� EASEMENT
CURVE TABLE
c1
R = 188.00'
L=33.13'
Tan = 16.61'
A = 1D°05'48"
S 06°56'14" E
33.09'
LINE TABLE
L1
N 63°41'06" W
21.96'
L2
N 45°03'32" W
10.77'
L3
S 45°03'04" E
9.79'
L4
S 07°03'29" E
37.50'
L5
N 82°56'31" E
102.38'
L6
N 52°01'14" W
79.14'
L7
N 74°33'29" W
20.14'
SCALE 1" = 120'
0 25' 50' 100'120'
NOTES:
Basis of Bearing Is NAD -83, Iowa
State Plane Coordinate System,
North Zone 1401, !DOT Project
No. STPN-32-1(10)--2c-31.
--NW1/4
NE 7/4--
I
SW 7/4____SE /4__
Easement
Survey LocatR2Eion
SHEET 1 of 2
Prepared by: Dan Hingtgen, LS 14052 WHKS & Co. 1701 Route 35 North East Dubuque, IL 61025 Tel. (815) 747-8833
PERMANENT UTILITY EASEMENT DESCRIPTION
A PERMANENT UTILITY EASEMENT FOR WATER MAIN AND FIBER OPTICS, 20.00
FEET IN WIDTH, LOCATED IN LOTS D, 3 AND 4 OF TAMARACK S.E. FOURTH
SUBDIVISION IN DUBUQUE COUNTY, IOWA, MORE COMPLETELY DESCRIBED AS
FOLLOWS:
Commencing at the Southeast (SE) Corner of Lot 4 of Tamarack S.E. Fourth Subdivision; thence
N 63°41'06" W 79.39 feet along the Southwesterly line of said Lot 4 to the Point of Beginning;
thence continuingN 63°41'06" W 21.96 feet along said Southwesterly line; thence N 50°42'41" E
103.87 feet; thence N 29°45'49" E 114.59 feet; thence N 33°30'14" E 89.66 feet; thence
N 43°00'28" E 69.42 feet; thence N 05°08'16" E 103.93 feet; thence N 28°58'02" E 41.65 feet;
thence N 45°03'32" W 10.77 feet; thence N 44°56'28" E 20.00 feet; thence S 45°03'04" E 9.79
feet; thence N 44°11'33" E 188/9 feet; thence N 18°26'28" E 60.66 feet; thence N 40°56'28" E
245.64 feet; thence N 16°23'05" E 122.91 feet; thence N 0703'29" W 46.86 feet to a point on
the City of Dubuque Right-of-way Line for the access road to Tamarack Park; thence
N 60°33'50" E 21.63 feet; thence S 07°03'29" E 37.50 feet; thence N82°56'31" E 102.38 feet;
thence S 52°01'14" E 81.57 feet to a point on the Westerly Right-of-way Line of US Highways 61
and 151; thence S 21°39'38" W 20.84 feet along said Westerly Right-of-way Line; thence
N 52°01'14" W 79.14 feet; thence S 82°56'31" W 85.67 feet; thence 33.13 feet Southerly along
a 188.00 foot radius curve concave Westerly, having a 33.09 foot chord bearing S 06°56'14" E;
thence N 74°33'29" W 20.14 feet; thence S 16°23'05" W 105.65 feet; thence S 40°56'28" W
246.02 feet; thence S 18°26'28" W 61.25 feet; thence S 44°11'33" W 208.06 feet; thence
S 28°58'02" W 37.50 feet; thence S 05°08'16" W 106.57 feet; thence S 43°00'28" W 74.62 feet;
thence S 33°30'14" W 87.34 feet; thence S 29°45'49" W 117.63 feet; thence S 50°42'41" W
98.49 feet to the Point of Beginning, Said tract contains 28,555 square feet or 0.65 acres including
and subject to all easement of record.
SHEET 2 OF 2
Jon D. Luckstead
Permanent Water Line Easement
PREPARED BY: Dan Hing gen, L.S. 14052 WHKS & co.
701 Route 35 North
East Dubuque
IL 61025 Tel. (815) 747-8833
EXHIBIT B
for
A TEMPORARY CONSTRUCTION EASEMENT FOR WATER MAIN INSTALLATION LOCATED IN
LOTS D, 3 AND 4 OF TAMARACK S.E. FOURTH SUBDIVISION IN DUBUQUE COUNTY, IOWA
PROPERTY OWNER:
Jan Lucksteod
SURVEY REQUESTED BY:
City of Dubuque
FIELD SURVEY CONDUCTED ON:
09/12/18
LOT
LOT
S 63°36'58" E
30.00'
T
`S/IVF N 63°38'17" W °•
RGV000
Mulgrew 011 Co,
LOT
N 24°0
1
II II
ONGOING
CONDEMNATION
PROCEEDINGS
5 52°01'14" E
84.62'
/
S 21°39'38" W /
57.31' /
Jon D. Luckstead `o
Z
LOT
Ory
R = 212.00'
L = 182.03'
Tan = 97.05'
A = 49°11'43"
S 15°50'50" W
176.49'
Jon D. Luckstead
/
/
/
/
/
Jon D.
Luckstead
4,
N 05°08'16"
77.55'
709 ' Us„
sg, w
Point of / /
Beginning ' Southeast Comer of
Lot of Tamarack S.E.
Forth Subdroismn
i�p5 i , N 63°41'06" W/
Southwesterly Line of 24.60'
Lot 4 of Tamarack SE
Fau
rih Subdivision
sol�1GR c�r�''
o: •..... •• -
Q .
• LP
: DANIEL J.
cg HINGTGEN <=
V ; 14052 -.< =
-t. qtr • �;
/OM
/
/
I hereby certify that this land surveying document was
prepared and the related survey work was performed by
me or under my direct personal supervision and that I
am a duly licensed Land Surveyor under the laws of the
State of to 'a.
Dan Hingtgen, eSurveyor Date
License num.
er: 14052
My registration renewal date is December 31) 2018
Pages or sheets covered by this seal: / (1FNG)
gyrcr
EASEMENT DESCRIPTION
A TEMPORARY CONSTRUCTION EASEMENT
FOR WATER MAIN INSTALLATION LOCATED IN
LOTS D, 3 AND 4 OF TAMARACK S.E. FOURTH
SUBDIVISION IN DUBUQUE COUNTY, IOWA, AS
SHOWN ON THIS EXHIBIT. SEE EXHIBIT A FOR
METES AND BOUNDS OF INTERIOR
TEMPORARY EASEMENT.
EASEMENT EXHIBIT
Drown by. 04/ Project No.18040.00
Drawing Dote: 09/19/78
Drawing Name:016640.00-000 let to Tmarack\Eosemenfl
Luckstead Easement.,
TEMPORARY EASEMENT
AREA BREAKDOWN
LOT D
45,694 SO.FT. or 1.05 ACRES
LOT 2
4,974 55.FT, or 0.11 ACRES
LOT3
35,876 56.FT. or 0.71 ACRES
LOT4
32,244 SQ.FT. or 0.74 ACRES
LUCKSTEAD 113,788 SF.FT. OR
2.61 ACRES -TOTAL
LEGEND
A DOT ROW MAKER
FOUND MAG NAIL IN
HMA PAVEMENT
O WOUND 5/8' REBAR
Hh CAP N0. 12631
O FOUND 5/8" REBAR
with CAP N0. 6505
15.0' FIELD MEASUREMENT
(1003 PREVIOUSLY RECORDED
- - — HIGHWAY 61/151 ROW
— - - — TAMARACK ROW
LOT UNES
--w— PROPOSED WATER MAIN
EDGE 00 EXISTING ROAD
'7'771 PERMANENT UTILITY
r;7,
•-•-' EASEMENT
TEMPORARY UTUTY
=-" EASEMENT
CURVE TABLE
C1
R = 42.69'
L = 72.21'
Tan = 48.18'
A = 96°55'03"
S 06°57'45" E
63.90'
LINE TABLE
L1
S 24°06'00" E
68.69'
L2
S O8°19'56" E
35.15'
L3
N 82°56'31" E
175.36'
L4
N 52°01'14" W
77.92'
L5
5 82°56'31" W
57.29'
SCALE 1" = 120'
0 25' 50' 100' 120'
NOTES:
Basle of Bearing is NAD -83, Iowa
State Plane Coordinate System,
North Zone 1401, IDOT Project
No. STPN-32-1(10)--25-31.
All utility easements shown hereon
are for the benefit of the City of
Dubuque.
NE 1/4--
engineers + planners + land surveyors
sE /4 --
Easement
Survey LocaR2Etion
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. 303-18
ACCEPTING A GRANT OF EASEMENT FOR WATER MAIN AND FIBER OPTICES
UTILITY THROUGH, OVER AND ACROSS PART OF LOTS D, 3, AND 4 OF
TAMARACK S.E. FOURTH SUBDIVISION, IN DUBUQUE COUNTY, IOWA,
Whereas, Jon D. Luckstead , has executed a Grant of Easement for Water Main and
Fiber Optics Utility through, over and across Part of Lots D, 3, and 4 of Tamarack S.E.
Fourth Subdivision, in 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 Water Main and Fiber Optics Utility
through, over and across Part of Lots D, 3, and 4 of Tamarack S.E. Fourth Subdivision,
in Dubuque County, Iowa as shown on the Grant of Easement for Water Main and Fiber
Optic Utility, from Jon D. Luckstead, 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 Grant of Easement for Water Main and Fiber Optics Utility with the
Dubuque County Recorder.
Passed, approved and adopted this 15th day of October 2018
Attes
9
Kevin °"�Firnstahl, 'Cf1C; City Clerk
6) /5J
Roy D. Buol, Mayor
CERTIFICATE of tie CITY CLERK
STATE OF IOWA
SS:
COUNTY OF DUBUQUE )
I, Trish L. Gleason, do hereby certify that I am the duly appointed, qualified,
Assistant City Clerkof the City of Dubuque, Iowa, in the County aforesaid, and as such
Assistant 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. 303-18 is a true and correct copy of the original.
In Testimony Whereof, 1 hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 15th day of October, 2018.
Trish L. Gleason, CMC, Assistant City Clerk