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Upper Bee Branch Railroad Culvert Crossing Project, Property Acquisition_Klauer, 430 GarfieldRECOMMENDATION 1 recommend acquiring the temporary easement through property owned by Robert F. Klauer at 430 Garfield Avenue as necessary for the Upper Bee Branch Creek Railroad Culverts Project. BUDGET IMPACT Per the terms of the Agreements, the City will pay Mr. Klauer $5,000.00. This will be funded through the FY19 appropriation in the amount of $5,729,042 for the "Railroad Culverts (Phase 4 & 7 of Bee Branch Watershed Flood Mitigation Project)," CIP No's 2642769, 7202769, and 3402690. REQUESTED ACTION I respectfully request adoption of the attached resolution approving the acquisition of a temporary easement through property owned by Robert F. Klauer at 430 Garfield Avenue and authorizing the City Manager to execute the Purchase Agreement and to take such actions as may be necessary to carry out the terms of the Purchase Agreement for the purpose of constructing and maintaining the improvements associated with the Upper Bee Branch Creek Railroad Culverts Project. Attach. Prepared by Deron Muehring Cc: Crenna Brumwell, City Attorney Barry Lindahl, Senior Corporation Counsel Steve Brown, Project Manager Deron Muehring, Civil Engineer 2 Copyrighted October 15, 2018 City of Dubuque Consent Items # 18. ITEM TITLE: Upper Bee Branch Railroad Culvert Crossing Project, PropertyAcquisition (Easement)from Robert F. Klauer (430 Garfield Ave.) SUMMARY: City Manager is recommending approval of the acquisition of a temporary easement from Robert F. Klauer, owner of 430 Garfield Avenue, as required for the Upper Bee Branch Railroad Culverts Project. RESOLUTION Approving a purchase agreement between the City of Dubuque and Robert F. Klauer SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Adopt Resolution(s) ATTACHMENTS: Description Type Upper Bee Branch Culverfs Project-Properly City Manager Memo Acquisition 430 Garfield-MVM Memo Staff Memo Staff Memo Resolution Resolutions PurchaseAgreement Supporting Documentation ExhibitA 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: Upper Bee Branch Creek Railroad Culverts Project, Property Acquisition (easement), 430 Garfield CIP 2642769, Project No. 1X0004 DATE: October 11 , 2018 City Engineer Gus Psihoyos is recommending approval of the acquisition of a temporary easement from Robert F. Klauer, owner of 430 Gartield Avenue, as required for the Upper Bee Branch Railroad Culverts Project in the amount of$5,000. I concur with the recommendation and respectfully request Mayor and City Council approval. �L;� 1��, ���,�� 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 Dubuque THE CTTY OF � �T T� � All•AmericaCity U , � Masterpiece on the Mississippi � ?W7•201?•2073•2077 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer . ' DATE: October 10, 2018 SUBJECT: Upper Bee Branch Creek Railroad Culverts Project, Property Acquisition (easement), 430 Garfield [CIP 2642769, Project No. 1X0004] INTRODUCTION The purpose of this memorandum is to request approval to acquire a temporary easement from Robert F. Klauer, owner of 430 Garfield Avenue, as required for the Upper Bee Branch Railroad Culverts Project (Project). BACKGROUND In December of 2001, the City Council formally adopted the Drainage Basin Master Plan (DBMP) prepared by HDR Engineering (Omaha, Nebraska). Based on the study, approximately 1,150 homes and businesses in the Bee Branch watershed are at risk of flood damage. In December of 2004, the City Council established the alignment for the Bee Branch Creek Restoration Project, from 15th and Sycamore Streets to 24th and Washington S#reets, and established a building perr�it t��ratorium for th� proper�i�es based an the alignment. In September of 2013, the City Council adopted Resolution 291-13 amending the alignment of the Bee Branch Creek Restoration Project in the vicinity of Garfield Avenue. The amended alignment passes through 430 Garfield Avenue. In August of 2018, the City Council passed Resolution 227-18 establishing the fair i�narket value of the temparary easen7ent fihrough 430 GarFi�ld afi $5,000.00 and authorizing the City Manager to commence negotiations, and if necessary, commence eminent domain proceedings to acquire the easement. DISCUSSION Mr. Robert F. Klauer, owner of 430 Garfield Avenue, has signed a Purchase Agreement (Agreement) granting the City a temporary easement for the Upper Bee Branch Creek Railroad Culverts Project. Per the Agreement, the City will pay the appraised value of $5,000.00 for the easement. pGrnn���G�ineTir��i �.�....,.. �..�,-... . I recommend acquiring the temporary easement through property owned by Robert F. Klauer at 430 Garfield Avenue as necessary for the Upper Bee Branch Creek Railroad Culverts Project. BUDGETIMPACT Per the terms of the Agreements, the City will pay Mr. Klauer $5,000.00. This will be funded through the FY19 appropriation in the amount of$5,729,042 for the "Railroad Culverts (Phase 4 & 7 of Bee Branch Watershed Flood Mitigation Project)," CIP No's 2642769, 7202769, and 3402690. REQUESTED ACTION I respectfully request adoption of the attached resolution approving the acquisition of a temporary easement through property owned by Robert F. Klauer at 430 Garfield Avenue and authorizing the City Manager to execute the Purchase Agreement and to take such actions as may be necessary to carry out the terms of the Purchase Agreement for the purpose of constructing and maintaining the improvements associated with the Upper Bee Branch Creek Railroad Culverts Project. Attach. Prepared by Deron Muehring Cc: Crenna Brumwell, City Attorney Barry Lindahl, Senior Corporation Counsel Steve Brown, Project Manager Deron Muehring, Civil Engineer � 2 RESOLUTION NO. 306-18 APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF DUBUQUE AND ROBERT F. KLAUER Whereas, the City of Dubuque (City) intends to acquire a temporary easement through certain real property owned by Robert F. Klauer (Owner), at 430 Garfield Avenue as shown on Temporary Easement Exhibit A (the Easement) attached hereto for the purpose of constructing, operating, and maintaining the Bee Branch Railroad Culverts, a stormwater management project; and Whereas, a Purchase Agreement attached hereto has been executed by the Owner, which provides for the temporary use of the property for the construction of the storm water management project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa hereby approves the Purchase Agreement. Section 2. That the City Manager is hereby authorized to execute the Purchase Agreement on behalf of the City of Dubuque and to take such actions as may be necessary to carry out the Agreement. Passed, approved and adopted this 15th day of October 2018. Roy D. Buol, Mayor Attest: Kevin`. Fornstahl, City Clerk 11 N 11 lIO 1 11 11 N Doc ID 010204080005 Type GEN Kind: EASEMENT Recorded: 11/09/2018 at 03:02:15 PM Fee Amt: $27.00 Page 1 of 5 Dubuque County Iowa John Murphy Recorder Fiie2018-0001330 1 Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13'h Street, Dubuque, Iowa 52001 (563)589-4270 Return to: Nate Kiefer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563)589-4270 GRANT OF TEMPORARY CONSTRUCTION EASEMENT For and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt whereof is hereby acknowl- edged, Robert F. Klauer. (Grantor) of Dubuque County, State of Iowa, for himself, his successors and assigns, does hereby grant, sell, and convey to the CITY OF DUBUQUE, IOWA (Grantee), a municipal corporation, from the date hereof, a temporary construction easement for the Upper Bee Branch Creek Restoration Railroad Culvert Project through, under and across the following described real estate situated in Dubuque, Iowa, to wit: Part of Lot 1 of Bee Branch Subdivision No. 11 in the City of Dubuque, Dubuque County, Iowa The easement area shall be as shown'; on the; attached Exhibit A and is for the purpose of: Providing access and staging for constructing underground storm sewer facilities as part of the Upper Bee Branch Creek Restoration Project in accordance with the, plans and specifications on file in the office of the City Engineer. It is understood and agreed that Grantee shall protect existing structures, pavement and utilities in the easement area and compensate Grantor or repair any facilities damaged as a result of the Upper Bee Branch Creek Restoration Project Grantor shall not erect any structure or park or store equipment in the easement area during the specified period of use by Grantee that will inhibit the use and access of Grantee. Grantee shall provide 30 days prior notice to Grantor when the easement will be utilized, providing approximate beginning and end dates. Grantor shall not change the grade, elevation, contour or perform any construction or excavation in the easement area that will inhibit Grantee's access and the ability to use the easement without the prior written approval of Grantee. It is understood and agreed that Grantee herein shall restore the easement area to its original condition if it becomes disturbed or damaged upon completion of the construction project, and the easement shall terminate upon project completion and acceptance by the City of Dubuque City Council. The easement area contains approximately 3,995 square feet (0.09 acres) of land, more or Tess, as shown on Exhibit A which does not include any buildings or structures. Grantee shall restore the entire easement area with 4 inches of hot -mix asphalt pavement at the completion of the Upper Bee Branch Creek Restoration Project, or by June 30, 2021, whichever is sooner. Grantee shall provide a storage area for Grantor's sole use throughout the duration of the Upper Bee Branch Creek Restoration Project of approximately 1,800 square feet on the western side of the 420 Garfield Avenue parcel as shown on Exhibit B. The undersigned does hereby expressly covenant that Grantor is the owner in fee of the real estate and has good title to the real estate, and that Grantee, its agents or contractors, shall at all times have free access to and egress from and over said real estate while the easement is in effect. Dated at Dubuque, Iowa this g:2 1 -1A day of Oc be'' , 2018. ROBERT F. KLAUER By: Its NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this 1( day of OA bar , A.D., 2018 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Pc>6e. , to me known, who acknowledged that he is the hk ..e.lS-1 ow^-e.r of Robert F. Klauer, LLC, that he is authorized to executed this Grant of Easement on behalf of Robert F. Klauer, LLC, and that he executed the same as his voluntary act and deed on behalf of Robert F. Klauer, LLC. n TRAVIS R PHELAN Commission Number 71691 7 My commissiOf ExPi1es otary Public In and For the State of Iowa F:\Users\tstec7e in.a C \Bee Branch Railroad\Grant of Temporary Easement HWY 151-61 Development 082418bal.docx 2 CONSENT TO EASEMENTS The undersigned, the present owner of the mortgage hereinafter described, for valuable consideration, receipt of which is hereby acknowledged, does hereby consent to the foregoing easement granted upon the following described real estate situated in Dubuque County, Iowa, to -wit: Part of Lot 1 of Bee Branch Subdivision No. 11 in the City of Dubuque Dated (c,40 Bei=. 1(0 , 20 18 . DUTRAC COMMUNITY CREDIT UNION (NOTARY PUBLIC PLEASE COMPLETE LEFT AND RIGHT SIDES) ALL-PURPOSE ACKNOWLEDGMENT STATE OF D , COUNTY OF L qua } ss. On this )04' day of 60 , 20 i , before me, the undersigned, a Notary Public in and for said State, personally appeared Ro - ke,y-,SeA\ems ›< 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(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument. (SEAL) i(Print/Typ Notary Public in and for said State My Commission Expires: (Sign in Ink) e Name) TRAVIS R PHELAN Pit Commission Number 71691 / F My Comet Ion Ex Hes low+• (Q/o l o -a Capacity Claimed By Mortgagee: INDIVIDUAL X. CORPORATE Titles ofrCorporate Officer(s): 7 I ©c-- _ Corporate Seal is affixed X No Corporate Seal procured PARTNERSHIP Limited or General ATTORNEY-IN-FACT EXECUTOR(s) or TRUSTEE(s) GUARDIAN(s) or CONSERVATOR(s) OTHER: Mortgagee is Representing: Names of entity(ies) or person(s) ra ga e_ rbvv\vvi u.61 L(sr-ed"i 4 r1 (563) 556-2464 DUBUQUE, IOWA 4155 PENNSYLVANIA AVE PREPARED BY: _.1iauIIIIIIIIIuoi.... NORTH GRAPHIC SCALE 0 30 EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT ACROSS PART OF LOT 1 OF BEE BRANCH SUBDIVISION NO. 11 IN THE CITY OF DUBUQUE, IOWA 60 IM=11111 M•11111111 1" = 30' DRAWING MAY HAVE BEEN REDUCED GPS \''\/ \ LOT 1 LEGEND — - - — LOT LINE - - - - APPROXIMATE EDGE STORM SEWER \ \ \ \ \ BUILDING LINE TEMPORARY CONSTRUCTION EASEMENT 3,995 SQ. FT. +/- N24°10'16"W`� ll ii ii /-22.59' (23.0') //1 I1I it 1! H,1/ 1/ r;I 1"' /0 'll f ' t rR (i / / ti fl, i; II/ I/ I ';i'I ''`IIS ii ii i'ii ill 24.6 l am— ,,+w ------57714 \ N.°C 163 tJ \ N•` - i S14°47'48"E 15.77' BRPNCN BEE SEWER S�ORi � i SW CORNER LOT 1 BEE BRANCH SUBD. N OTE THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD AND NOT OF RECORD. ® FOUND DRILL HOLE FD 5/8" IRON REBAR WITH RED PLASTIC CAP NO. 20999 Q7 7 V PROPRIETOR: ROBERT KLAUER PREPARED FOR: CITY OF DUBUQUE DATE PREPARED: JANUARY 24, 2018 REVISED: 8-27-18 IW, P.0 11 I NTEG RITY. EXPERTI SE.SO LUTI ONS wwwiiwengr.com . 800.556.4491 DRAWN SAF ARCHITECTURE CIVIL ENGINEERING CONSTRUCTION SERVICES ENVIRONMENTAL ENGINEERING LAND SURVEYING MUNICIPAL ENGINEERING STRUCTURAL ENGINEERING TRANSPORTATION ENGINEERING PLAT NO. 1—IA-18 NECKED JJB PROJ. NO. 05169-02 DATE 8-27-18 SHEET 1 of 1 P:\06\169\169-02\DRAWINGS\SUR\06169 KLAUER Lmr C. I �GP�� . � / � p 1 � ' Y 1 I \ � I I '� � � � � •/ � I ; �, EXHIBIT B � ,� � � ', � �,•,, i I _ . ' —����—�§ ' � I 11';� � II I : � ' � c.r, e, i. _ 9/13/18 �I � � � �� — �--- . �� �"�-5:.�=..s, . = - Scale: 1 " = 50' � ! - �� � . . � � . ` . � � � �. _ � • � - �;;a , ��7 � , ; � , . � �, �.��r��^ � Property Line (TYp.) , �.`� ,�� I � , .. � , ... I � � // � ' � � � � � � �t� ,�Y' �� a� - - r'� � ... a � ,. ��" ���h � t4�', . I I i i�..; �� � Storage Area for Rob pW'i �� � � . � � % Klauer = 1,800 SF +/- �� .¢� �� I _ " � � � �e, ; • I � . �i 1 � �� �.�� ♦ 1 ✓` 4 � 1 f I�� t / l a � , � . � � S��- '�' • Proposed Fence � f � � � � '� � �•��" � i � "� f . F / // } ����,\,\ � ,' ', .i 1� �5I 4. i- t '� i � � 1� . ' _ . .,` ; ; �,1 , �. > +�` `� � �` '`� �,� �_ . � �� �, „ � ,� - ; �� !`. � ;1 I 1i ; �i ,_ , �, � . , �� � 1�, � � �1► ` ' � i�o . S. — . , � � A'�es ,` / ,`, a'`{ ` 1 . � . � �� �aat .� � � � ���� . , ', , , • � `' ;' `� � � . • \ ' / � ,�.� � ` '` � � � � �� � � � ��� . � �'. ` \ � � �. \, j\ ; ,'�y. ' ' �� � � ��� / ," � � .. � ,tqt�. \ • F :" • . �g, ` �� � i�'.•%��������� � � :��Y_. . ���,. ��- � Storage Area for Rob Klauer = 1,800 SF +/- Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13`"Street, Dubuque, lowa 52001 (563)589-4270 Retum to: Nate Kiefer,City of Dubuque, 50 W. 13'"Street, Dubuque, lowa 52001 (563)589-4270 GRANT OF TEMPORARY CONSTRUCTION EASEMENT For and in consideration of the sum of Five Thousand Dollars ($5,000.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, Robert F. Klauer. (Grantor) of Dubuque County, State of lowa, for himself, his successors and assigns, does hereby grant, sell, and convey to the CITY OF DUBUQUE, IOWA (Grantee), a municipal corporation, from the date hereof, a temporary construction easement for the Upper Bee Branch Creek Restoration Railroad Culvert Project through, under and across the following described real estate situated in Dubuque, lowa, to wit: Part of Lot 1 of Bee Branch Subdivision No. 11 in the City of Dubuque, Dubuque County, lowa The easement area shall be as shown on the attached Exhibit A and is for the purpose of: Providing access and staging for constructing underground storm sewer facilities as part of the Upper Bee Branch Creek Restoration Project in accordance with the plans and specifications on file in the office of the City Engineer. It is understood and agreed that Grantee shall protect existing structures, pavement and utilities in the easement area and compensate Grantor or repair any facilities damaged as a result of the Upper Bee Branch Creek Restoration Project Grantor shall not erect any structure or park or store equipment in the easement area during the specified period of use by Grantee that will inhibit the use and access of Grantee. Grantee shall provide 30 days prior notice to Grantor when the easement will be utilized, providing approximate beginning and end dates. Grantor shall not change the grade, elevation, contour or perform any construction or excavation in the easement area that will inhibit Grantee's access and the ability to use the easement without the prior written approval of Grantee. It is understood and agreed that Grantee herein shall restore the easement area to its original condition if it becomes disturbed or damaged upon completion of the 1 construction project, and the easement shall terminate upon project completion and acceptance by the City of Dubuque City Council. The easement area contains approximately 3,995 square feet (0.09 acres) of land, more or less, as shown on Exhibit A which does not include any buildings or structures. Grantee shall restore the entire easement area with 4 inches of hot-mix asphalt pavement at the completion of the Upper Bee Branch Creek Restoration Project, or by June 30, 2021, whichever is sooner. Grantee shall provide a storage area for Grantor's sole use throughout the duration of the Upper Bee Branch Creek Restoration Project of approximately 1,800 square feet on the western side of the 420 Garfield Avenue parcel as shown on Exhibit B. The undersigned does hereby expressly covenant that Grantor is the owner in fee of the real estate and has good title to the real estate, and that Grantee, its agents or contractors, shall at all times have free access to and egress from and over said real estate while the easement is in effect. Dated at Dubuque, Iowa this_—_ day of C_ 2018. ROBERT F. KLAUER By: ,'I J ics NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBU4UE, SS: On this J day of{ "od' , A.D., 2018 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared 0.,,e/f e_, to me known, who acknowledged that he is the i rn /or,n of Robert F. Klauer, LLC, that he is authorized to executed this Grant of Easement on behalf of Robert F. Klauer, LLC, and that he executed the same as his voluntary act and deed on behalf of Robert F. Klauer, LLC. g.,, CALEB J. HILDEBAAND 1""'i CommissmnNumbar7777R Mv c mm. Exo. - - otary Public In and For the State of owa F:1Userslts[eclde0.dahl\BEE BF2P.NCH\Bee 8ranch Railroad Grant of Temporary Easemen[HW Y 157-6'I Oevelopment 082418bal.docz 2 EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT NOATH ACROSS PART OF LOT 1 OF BEE BRANCH SUBDIVISION N0. 11 IN THE CITY OF DUBUQUE, IOWA GRAPHIC SCALE 0 30 60 o" o 1" = 30' LEGEND DRAWING MAY HAVE BEEN REDUCED LOT LINE a APPROXIMATE EDGE STORM p`1 SEWER 6p I BUILDING LINE FOUND DRILL HOLE c.' FD 5/8" IRON REBAR WITH O p' I i A k6 RED PLASTIC CAP N0. 20999 3 4\' u; o p'I / / s Gp, a m t t1 / ' 1 Q L pS G 1 6 a O F,0 O. l ,p'( 0 / Q 6Jg0 pn, LOT 1 g w 6• pL 1p d a TEMPORARY CONSTRUCTION EASEMENT r s oT 3,995 SQ. FT. +/— j o 3 oW C NN QQ m S14'47'48"E i N24'10' 16"W 15.77' 22.59 ( 23.0 ) i O BEE BR SE`1'ER StoRM / / W 24.63 0 5 774 3 i SW CORNER LOT 1 BEE BRANCH SUBD. AR°oE REo CONBTRVCTION BERVICEB EM/IRONMEMALENOINEERINO U: j' NOTE umoeorrvEvimo O 06 mowaPa emoweEawoTHISSURVEYISSUBJECTTO IHIEGRfIY.IXPERTISESOLUTIONS eraocmaa emoweeawoEASEMENTS, RESERVATIONS, PROPRIETOR: ROBERT KLAUER SP°A°E EER RESTRICTIONS AND PREPARED FOR: CITY OF DUBUQUE orznwN snF P nT No. ,-ia-,e p 1po RIGHTS—OF—WAY OF RECORD DAIE PREPARED: JANUARY 24, 2018 cHECKEo e PRo. No. oe, ee-oz AND NOT OF RECORD. REVISED: 8-27-18 oarE e-z-,a sHEEr , or , P:os iss iss-oz oRnwiNcs suR osise K nuER I GP p 1 Y 1 IIII EXHIBIT B i I I 11'; II I : c.r, e, i. 9/13/18 I 5:.=..s, . = Scale: 1 " = 50' a7 r^ Property Line (TYp.) I I t Y' a r' ... a h t4', . I I i i..; Storage Area for Rob pW'i Klauer = 1,800 SF +/- I _ " e, I i 1 1 4 1 f I t l a S- Proposed Fence f i f F / i 1 5I 4. i- t i 1 . ' 1 1 I 1i i1, 1 i o S. — . A' es a'`{ ` 1 aat j\ ; y. tqt. F :" g, ` i'.•% Y_. PURCHASE AGREEMENT PARCEL NO. 1024234002, 1024234010 COUNTY Dubuque PROJECT NO. 1154.059 ROAD NO. Garfield Avenue SELLER Robert F. Mauer THIS AGREEMENT made and entered into this day of , 2018 by and between Seller and the City of Dubuque , Buyer. la. SELLER GRANTS to a Buyer temporary easement as described on the legal document titled 'Grant of Temporary Con- struction Easement'. Said Temporary Easement shall commence upon construction start which is anticipated on December 15, 2018 and terminate upon completion of the Bee Branch Creek Restoration Project - Railroad Culvert Crossing (project) which is anticipated on June 30, 2021. 1b. SELL -ER AGREES to convey to Buyer direct access from the premises as shown on the Temporary Easement to the project site. lc. : BUYER ACKNOWLEDGES full settlement and payment to Seller for all claims per the terms of this agreement and dis- charges Seller from liability because of this agreement and the construction of this public improvement project. 2a Possession of the premises is the essence of this agreement and Buyer may enter and assume full use and enjoyment of the premises per the terms of this agreement. SELLER GRANTS Buyer the immediate right to enter the premises for the pur- se of gathering survey and soil data. SELLER MAY surrender possession of the premises included in the easement area the time at which he has hereinafter agreed to do so, and agrees to give Buyer ten (10) days notice of Seller's inten- o by calling Buyer. Grantor with a certificate naming Grantor as a Named Insured under Buyer's contract with the Iowa Com- f'i0ury to persons or damage to property during the term of this easement. not use,the on street parking on the east side of Garfield Avenue adjacent to Grantor's storefront during the dura- ricted use by Buyer shall include Contractors, Contractor -Employees, Subcontractors, and any other par - ere ,ofthis easement including commercial vehicles, private vehicles, and equipment. er agrees to pay and SELLAGR] gown on the:.easement on or before t S to grant the right of possession, and surrender physical possession of the premises elates listed below. AGREED PERFORMANCE DATE OF PERFORMANCE on conveyance of title on surrender of possession on possession TOTAL LUMP SUM Breakdo Temporary Easement Ac./Sq.Ft. 3.995 sq.ft 60 days after Buyer approval DISTRIBUTION: TWO COPIES RETURNED TO BUYER) -- ONE C0RY RETAINED BY SELLER Page 1 of 3 aft 4. SELLER shall maintain all legal rights that were present prior to the execution of this agreement and surrender of the Temporary Easement at the commencement of the project, or June 30, 2021, whichever is sooner. 5. SELLER WARRANTS that there are no tenants on the premises holding under lease except: none 6. This agreement shall apply to and bind the legal successors in interest of the Seller and SELLER AGREES to pay all liens and assessments against the premises, including all taxes and special assessments payable until surrender of possession as required by the Code of Iowa, and agrees to warrant good and sufficient title. Names and addresses of lienholders are: DuTrac Community Credit Union 3465 Asbury Road P.O. Box 3250 Dubuque, IA 52004-3250 7. This agreement is subject to final approval by the Dubuque City Council. 8. The Temporary Easement is being surrendered for public purposes and this transfer is exempt from the requirements for the filing Declaration of Value by the Code of Iowa. 9. This written agreement constitutes the entire agreement between Buyer and Seller and there is no agreement to do or not to do any act or deed except as specifically provided for herein. 10. Seller states and warrants that, to the best of Seller's knowledge, there is no burial site, well, solid waste disposal site, hazardous substance, nor underground storage tank on the premises described and sought herein. SELLER'S SIGNATURE AND CLAIMANT'S CERTIFICATION: Upon due approval and execution by the Buyer, we the undersigned claimants certify the Total Lump Sum payment shown herein is just and unpaid. x 430 Garfield Avenue Dubuque, IA 52001 x. ( Mailing Address ) (NOTARY PUBLIC: PLEASE COMPLETE LEFT AND RIGHT SIDES) SELLER'S ALL-PURPOSE ACKNOWLEDGMENT STATE OF } COUNTY OF 13.4.--c-e. s } ss: On this /6 day of I i , A.D. 2018 before me, the un- dersigned, a Notary Public in and for said State, personally appeared nn €ck•e-ael tU.v-e-1 cz 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(s), or the entity upon behalf of which the person(s) acted, executed the instrument. TRAVIS R PHI irSign in Ink) wt,Mymmission.Exp. lst.ss ��Pe(ta-,, (Print/Type Name)CommlalOn ��nta4c..ublic in nd for the State of ' 4 ,c- ommission expires Ce/J-es (NOTARIAL SEAL) BUYER'S ACKNOWLEDGME iro STATE OF IOWA: ss On this ` day o known to me to be a ,,- �, its authority duly recorded in its minutes, and said signature appears hereon, to be the voluntary act and f b 1 CAPACITY CLAIMED BY SIGNER: INDIVIDUAL CORPORATE Title(s) of Corporate Officer(s): II] Corporate Seal is affixed ❑ No Corporate Seal procured 111 PARTNER(s): ❑ Limited Partnership 1E1 General Partnership ❑ ATTORNEY-IN-FACT 111 EXECUTOR(s) or TRUSTEE(s) ❑ GUARDIAN(s) or CONSERVATOR(s) El OTHER: SIGNER IS REPRESENTING: List name(s) of entity (ies) or person(s) , 2 , before me, the undersigned, personally appeared ' rof Buyer and who did say that said instrument was signed o 6 ,4,�/, �3 p' acknowledged the execution of said eedo Buyer anditvo untari ` ecuted. BUYER'S APPROVAL .40 Notary Pu he io Viand for the State L atilP�. 8.e Recommended by: &(,( Approves by: (Date) (Date) tow* behalf of Buyer by instrument, which KEVIN S. FIRNSTAHL COMMISSION NO.745295 MY COOS t ISSIO EXPIRES DISTRIBUTION: TWO COPIES RETURNED TO BUYER) -- ONE COPY RETAINED BY SELLER Page 3 of 3 55 PENNSYLVANIA AVE PREPARED B. NORTH GRAPHIC SCALE 0 30 60 1"=30' DRAWING MAY HAVE BEEN REDUCED TEMPORARY EASEMENT EXHIBIT A TEMPORARY EASEMENT SUBDIVISION NO. ACROSS PART OF LOT 1 OF BEE BRANCH 11 IN THE CITY OF DUBUQUE, IOWA \ moo\ o �V LEGEND ---- LOT LINE APPROXIMATE EDGE STORM SEWER BUILDING LINE / \p -s No \ r 01 O 1 \\\\ EE FOUND DRILL HOLE FD 5/8" IRON REBAR WITH RED PLASTIC CAP NO. 20999 LOT 1 TEMPORARY EASEMENT 3,995 SQ. FT. +/- N24'10'16"W 22.59' (23.0') J1 NNS SI 4'47°48"E 15.77" • E BRA14CNBE.R STO --- SW CORNER LOT 1 \O \Op N �1'. NS) 1p0 J 4,31,,,44 124.63 0 56 2/ NOTE THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD AND NOT OF RECORD. BEE BRANCH SUBD. PROPRIETOR: ROBERT KLAUER PREPARED FOR: CITY OF DUBUQUE DATE PREPARED: JANUARY 24, 2018 IIW, P.C. 11 NIEGRftt.EXPERTISE.SOLNTIONS uuv. mongr.com - 606.556.1191 DRAWN SAF ARCHITECTURE CIVIL ENOINEERINO CONSTRUCTION SERVICES ENVIRONMENTAL ENGINEERING LAND SURVEYING MUNICIPAL ENOINEERINO STRUCTURAL ENGINEERING TRANSPORTATION ENGINEERING PLAT NO. 1-1A- 8 NECKED JJB PROJ. NO. 06169-02 DATE 1-17-18 SHEET 1 of 1 P:\06\169\169-02\DRAWINGS\SUR\06169 KLAUER