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Upper Bee Branch Railroad Culvert Crossing Project, Property Acquisition_Hwy 151& 61 Devel LLC Copyrighted October 15, 2018 City of Dubuque Consent Items # 19. ITEM TITLE: Upper Bee Branch Railroad Culvert Crossing Project PropertyAcquisition from HWY 151 & 61 Development, LLC SUMMARY: City Manager recommending approval of the acquisition of a permanent easement and a temporary easement (the Easements) at the E. 16th Street property legally described as Lot 2 Riverview Plaza No. 3, owned by HW Y 151 & 61 Development, LLC, for the construction and maintenance of the Upper Bee Branch Railroad Culverts Project. RESOLUTION Approving the acquisition of easements through certain real property owned by HWY 151 & 61 Development, LLC in the Cityof Dubuque, lowa SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Adopt Resolution(s) ATTACHMENTS: Description Type Upper Bee Branch Culverfs Project-Properly Acquisition from HWY 151 & 61 De�lopment-MVM City Manager Memo Memo Staff Memo Staff Memo Resolution Resolutions ExhibitA Supporting Documentation Exhibit B 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), HWY 151 & 61 Development, LLC CIP 2642769, Project No. 1X0004 DATE: October 11 , 2018 City Engineer Gus Psihoyos is recommending approval of the acquisition of a permanent easement and a temporary easement (the Easements) at the E. 16th Street property legally described as Lot 2 Riverview Plaza No. 3, owned by HWY 151 & 61 Development, LLC. The easements are necessary for the construction and maintenance of the Upper Bee Branch Railroad Culverts Project in the amount of $200,000. 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 Dubuque THE CITY OF � �T T� E All-AmericaCity U � � Masterpiece on the Mississippi � zon�.zn i 2•zo��•zn r: TO: Michael C. Van Milligen, City Manag FROM: Gus Psihoyos, City Engineer , �.�,;y - DATE: October 10, 2018 SUBJECT: Upper Bee Branch Creek Railroad Culverts Project, Property Acquisition (easement), Hwy 151&61 Development, LLC [CIP 2642769, Project No. 1X0004] INTRODUCTION The purpose of this memorandum is to request approval to acquire a permanent easement and a temporary easement (the Easements) at the E. 16t" Street property legally described as Lot 2 Riverview Plaza No. 3 (the Property), owned by HWY 151 & 61 Development, LLC. The easements are necessary for the for construction and maintenance of the Upper Bee Branch Railroad Culverts Project (Project). BACKGROUND In December of 2001, the City Council formally adopted the Drainage Basin Master Plan prepared by HDR Engineering. 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, firom 15th and Sycamore Streets to 24th and Washington Streets, and established a building permit moratorium for the properties based on 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 228-18 establishing the fair market value of the Easements through the HWY 151 & 61 Development, LLC Property at $123,000.00. It also authorized the City Manager to commence negotiations, and if necessary, commence eminent domain proceedings to acquire the easement. DISCUSSION HWY 151 & 61 Development, LLC, owner of the property at E. 16t" Street property legally described as Lot 2 Riverview Plaza No. 3 (the Property), has signed a Purchase Agreement (Agreement) granting the City a permanent easement and a temporary easement (the Easements) for the Upper Bee Branch Creek Railroad Culverts Project. HWY 151 & 61 Development, LLC (the Owner) presented an appraisal that valued the Property at a value roughly 50% higher than the value outlined in the appraisal commissioned by the City. Moreover, a few years ago the Owner bought out the only other partner, and paid a square foot price 55% more than the value reflect�d in the City appraisal. The Owner, who regularly deals in real estate, maintains that the value of the property should not have gone down since he bought out the other partner. Therefore, per the terms of the Agreement, the Owner is asking the City to pay $200,000.00 for the easements. While the City could attempt to acquire the easements for $123,000 through the eminent domain/condemnation process, with competing appraisals and actual sales documentation at the hirer price, a condemnation commission could deem the value of the property to be $200,000. If that occurred, the City would also be required to cover the Owner's legal costs associated with the process which could approach $35,000.00. Therefore, in order to avoid the costs and uncertainty of a finding of the condemnation commission, it is prudent to move forward with the acquisition of the Property at this time at the asking price of the Owner. RECOMMENDATION I recommend acquiring permanent easement and a temporary easement at the E. 16tn Street property legally described as Lot 2 Riverview Plaza No. 3, owned by HWY 151 & 61 Development, LLC per the terms of the attached Purchase Agreement. The easements are neces�ary for the construction and maintenance of th� Upper Bee Branch Railroad Culverts Project. BUDGETIMPACT Per the terms of the Agreements, the City will pay HWY151&61 Development, LLC $200,000.00. 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 permanent easement and a temporary easement at the E. 16t" Street property legally described as Lot 2 Riverview Plaza No. 3 (the Property), owned by HWY 151 & 61 Development, LLC 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 Tracey Stecklein From: Tracey Stecklein Sent: Friday, October 19, 2018 1:33 PM To: Kevin Firnstahl; Barry Lindahl; Deron Muehring Cc: Pam McCarron; Trish Gleason Subject: RE: Hwy 151/61 docs Attachments: HWY 151 Offer PURCHASE AGREEMENT_FullyExecuted101818.pdf; HWY 151 Grant of Temp ConstructionEasement_Executed101518.pdf; HWY 151 Grant of Permanent Access Easement_Executed 101518.pdf Deron, attached are the fully executed Purchase Agreement, Grant of Temporary Construction Easement, and Grant of Permanent Access Easement. Kevin, I will bring these originals up for your safekeeping, and pick up the certified resolution. Thank you. Macey Steckiem, City Attorney's Office Suite 330, Harbor View Place 300 Main Street Dubuque, IA 52001-6944 Phone: 563.583.4113 Fax: 563.583.1040 From: Kevin Firnstahl Sent:Thursday, October 18, 2018 1:49 PM To: Barry Lindahl <balesq@cityofdubuque.org>;Tracey Stecklein<Tsteckle@cityofdubuque.org>; Deron Muehring <Dmuehrin@cityofdubuque.org> Cc: Pam McCarron <Pmccarro@cityofdubuque.org>;Trish Gleason <Tgleason@cityofdubuque.org> Subject: RE: Hwy 151/61 docs Pam has certified resolution. Thank you all. Kevin From: Barry Lindahl Sent:Thursday, October 18, 2018 12:55 PM To:Tracey Stecklein <Tsteckle@cityofdubuque.org>; Deron Muehring<Dmuehrin@cityofdubuque.org> Cc: Kevin Firnstahl <Kfirnsta@cityofdubuque.org>; Pam McCarron <Pmccarro@cityofdubuque.org>;Trish Gleason <Tgleason@cityofdubuque.org> Subject: RE: Hwy 151/61 docs Yes From:Tracey Stecklein Sent:Thursday, October 18, 2018 12:54 PM 1 Prepared by Deron Muehring, Civil Engineer, 50 W. 13th St., Dubuque, IA 52001, 563-589-4276 Return to Kevin Firnstahl, City Clerk, 50 W. 13th St., Dubuque, IA 52001, 563-589-4100 RESOLUTION NO. 307-18 APPROVING THE ACQUISITION OF EASEMENTS THROUGH CERTAIN REAL PROPERTY OWNED BY HWY 151 & 61 DEVELOPMENT, LLC. IN THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque (City) intends to acquire a temporary easement through certain real property owned by HWY 151 & 61 Development, LLC. (Owner), at their E. 16th Street property legally described as Lot 2 Riverview Plaza No. 3 as shown on Permanent Easement Exhibit A and Temporary Easement Exhibit B (the Easements) 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 finalized for the Easements scheduled for acquisition. 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. Section 3. That the City of Dubuque be and is hereby authorized to accept a Warranty Deed from the Owner, conveying the Owner's interest to the City of Dubuque, Iowa for the Property. Section 4. That the City Clerk be and is hereby authorized and directed to cause said Warranty Deed to be recorded in theoffice of the Dubuque County Recorder, together with a certified copy of this Resolution. Passed, approved and adopted this 15th day of October 2018. Roy D. Buol, Mayor Attest: Kevin ' Firnstah , City Clerk 155 PENNSYLVANIA AVE 0 w EXHIBIT A PERMANENT ACCESS EASEMENT ACROSS LOT 2 OF RIVERVIEW PLAZA NO. 3 IN THE CITY OF DUBUQUE, IOWA ERS _„mlilllllllllllw„_ NORTH GRAPHIC SCALE 0 50 100 1” = 50' DRAWING MAY HAVE BEEN REDUCED \ 05 S.o ?PP N54'44'48"E NW 50.01' CORNER LOT 2 RIVERVIEW Li PLAZA N0.3 I F(FND — - - — LOT LINE - • — • - EASEMENT LINE EASEMENT AREA �RQrLR OF ' PRS P'�\P\' P EXISTING CONCRETE WALL Nb" AND FENCE 50 f\ �, o. SOUTH LINE OF LOT C Ci AERP 5\P� P PR /” 1b`1Y�? N66'28'33"E \NOS E CORNER ---566..• LOT C, KERPER 43.44'INDUSTRIAL PARK POINT OF POINT OF COMMENCEMENT BEGINNING Z9\ • FzEP:� o Y1A •Sfi2��'; h, S54'44'48"W 47.43' S48'37'00"W 16.57' \ 0E \--450 EAST LINE RP�PtiP OF LOT 1 PROPRIETOR: HWY 151 & 61 DEVELOPMENT LLC PREPARED FOR: CITY OF DUBUQUE DATE PREPARED: JANUARY 17, 2016 EASEMENT AREA: 18,294 SQ. FT. +/- REVISED: 10-10-18 SAF No. NUMBER DIRECTION DISTANCE L1 N48'37'00"E 2.35' L2 N1313'57'W 33.92' NOTE THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD AND NOT OF RECORD. ♦♦ CONSTRUCTION SEIENCES ENVIRONMENTAL ENGINEERING LAND SURVEYING MUNICIPAL ENGINEERING INO:GRUY.EXPE600E60LUTION6 3T SPORT/.10N ENGINEERING DRAWN JJB/SAF PLAT NO. 3 -IA -16 CHECKED CLG PROD. NO. 06169 GATE 10-10-16 SHEET 1 of 2 P:\06\169\169-02\DRAWINGS\SUR\06169 PLATINUM PREPARED BY: IIW,-P.C. 4155 PENNSYLVANIA AVE DUBUQUE, IOWA (583) 556-2464 EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT ACROSS PART OF LOT 1 IN RIVERVIEW PLAZA NO. 2 AND PART OF LOT 2 IN RIVERVIEW PLAZA NO. 3 IN THE CITY OF DUBQUE, IOWA CHO L=144.85' R=280.00' A=29'38'25" D=N16'08'43"E 143.24' / / N54'44'48"E ��g65g45 / 47.43°' 00 M c` in PROPRIETOR: HIGHWAY 151 & 61 DEVELOPMENT, LLC PREPARED FOR: CITY OF DUBUQUE DATE PREPARED: 1-24-18, REV. 10-10-18 N a a�*.* tis - Ir �c'rn 0 O - N53'55'12"W 139.00' aA- N' r41 ). NORTH GRAPHIC SCALE 0 100 200 1" = 100' DRAWING MAY HAVE BEEN REDUCED LOT 2 I`ZIVERVIEW PLAZA NO. 3 L=133.12' R=253.71' 0=30'03'51" - - CHORD=S16'28'243W 131.60' LEGEND — - - — LOT LINE - • • - • • - PROPOSED EASEMENT TEMPORARY EASEMENT 108,954 SQ. FT. +/- LOT 1 RIVERVIEW PLAZA NO. 2 LOT AND EASEMENT AREA LOT 2 112,035 SQ. FT. LOT 1 76 SQ. FT. TOTAL 112,111 SQ. FT. +/- 6\N 5c°' 5\ 1 / EP F` 566'28'30"W 9.46' S66 28'30"W S66'28'30"W 30.00' 25.35' NOTE THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD AND NOT OF RECORD. • INTEEGGRITYY..EXPERTISE.SOWTION5 TRANSPORTATION ENGINEER= ARCHITECTURECIVIL DIGINEERINGCONSTRUCTION SERVICESen/ROWE., ENGINEERINGMO SURVEYINGMUNICIPAL ENGINEERING DRAWN SAF PLAT NO. -IA-18 CHECKED CLG PROJ. NO. 06169 DATE 10-10-18 SHEET 1 o 1 P:\O6\169\169-02\DRAWINGS\SUR\06169 HWY 151 & PURCHASE AGREEMENT PARCEL NO. 1119101028,1119101029, 1119101030 COUNTY Dubuque PROJECT NO. 1154.059 ROAD NO. 16th Street SELLER Highway 151 & 61 Development, LLC THIS AGREEMENT made and entered into this It day of Dc'TOFBZ. ,2018. by and between Seller and the City of Dubuque , Buyer. la. SELLER AGREES to sell and furnish to Buyer a conveyance document, on form(s) furnished by Buyer, and Buyer agrees to buy a permanent (non-exclusive) access easement with respect to the following real estate, hereinafter referred to as the premises, situated in parts of the following: Permanent easement located in the County of Dubuque, State of Iowa, and more particularly described on the legal document titled 'Grant of Per- Manent Access Easement' lb. SELLER ALSO AGREES to convey to Buyer rights of direct access from the premises to 16th Street and Kerper Court_ and from the premises to the Upper Bee Branch Creek Restoration Project - Railroad Culvert Crossing (project) site in accordance with the Grant of Permanent Access Easement and the Grant of Temporary Construction Easement. lc. SELLER ALSO GRANTS to a Buyer temporary easement as described on the legal document titled 'Grant of Temporary Construction Easement'. Said Temporary Easement shall terminate upon completion of this project which is anticipated on June 30, 2021. I d. The premises also includes all estates, rights, title and interests, including all easements, and all advertising devices and the right to erect such devices as are located thereon. SELLER CONSENTS to the change of grade of the site in accordance with the plans and specifications provided to Seller from Buyer as of the date hereof, and accepts payment un- der this agreement for any and all damages arising therefrom. SELLER ACKNOWLEDGES full settlement and payment from Buyer for all claims per the terms of this agreement and discharges Buyer from liability because of this agreement and the construction of this public improvement project except for SELLER'S performance under this agreement or the easements referred to herein_ 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 purpose of gathering survey, gathering soil data, and constructing public improvements. SELLER MAY surrender possession of the premises or building or improvement or any part thereof prior to the time at which he has hereinafter agreed to do so, and agrees to give Buyer ten (10) days notice of Seller's intention to do so by calling Buyer. Buyer agrees to pay and SELLER AGREES to grant the right ofpossession, convey title and surrender physical possession of the premises as shown on or before the dates listed below. PAYMENT AMOUNT AGREED PERFORMANCE DATE OF PERFORMANCE S 0.00 on conveyance oftitle S 0.00 on surrender of possession S 200,000 on possession and conveyance 60 days after Buver approval $ 200,000 TOTAL LUMP SUM DISTRIBUTION: TWO COPIES RETURNED TO BUYER) -- ONE COPY RETAINED BY SELLER Page 1 of 3 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: State Mutual Insurance Company 210 East 2nd Avenue, Suite 301 Rome, GA 30161 7. Buyer may include mortgagees, lienholders, encumbrancers and taxing authorities as payees on warrants issued in payment of this agreement. In addition to the Total Lump Sum, Buyer agrees to pay for the cost of adding title documents required by this transaction to Seller's abstract of title. If requested to do so, SELLER WILL deliver to the Buyer an abstract of title to the premises. Buyer agrees to pay the cost of abstract continuation. SELLER AGREES to provide such documents as may be required by Iowa Land Title Standards to convey merchantable title to the Buyer. SELLER ALSO AGREES to obtain court approval of this agreement, if requested b_v Buyer, in the event title to the premises becomes an asset of any estate, trust, conservatorship or guardianship. Buyer agrees to pay court approval costs and all other costs necessary to transfer the premises to Buyer, but not attorney fees. Claims for such transfer costs shall be paid in amounts supported by paid receipts or signed bills. 8. This agreement is subject to final approval by the Dubuque City Council. 9. If Seller holds title to the premises in joint tenancy- with full rights of survivorship and not as tenants in common at the time of this agreement, Buyer will pay any remaining proceeds to the survivor of that joint tenancy and will accept title solely from that survivor, provided the joint tenancy has not been destroyed by operation of law or acts of Seller. 10. These premises are being acquired for public purposes and this transfer is exempt from the requirements for the filing of a Declaration of Value by the Code of Iowa. 11. This written agreement constitutes the entire agreement between Buyer and Seller and there is no aereement to do or not to do any act or deed except as specifically provided for herein. 12. After construction is complete, Buyer shall, at its expense, return the permanent easement area and the temporary easement area to a condition that is as close as possible to the condition of the land as existed prior to Buyer's construction, including but not limited to grading necessary to restore such areas. 13. Buyer shall remove the triangular portion of the concrete wall shown as Item No. 1 on Exhibit A hereto and straighten out the easement as shown on hem No. 2 on Exhibit A. 14. Buyer shall make a curb cut on Kerper Court to provide access to Seller's real estate in the location shown as Item No. 3 of Exhibit A and take such action as necessary or appropriate to grant Seller's real estate permanent access to Kerper Court. 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. 137 Main Street, Suite 400 AI MD 11-1 iNut"ItILVE Dubuque, IA 52001 ( Mailing Address ) (NOTARY PUBLIC: PLEASE COMPLETE LEFT AND RIGHT SIDES) SELLER'S ALL-PURIOSE ACKNOWLEDGMENT STATE OF} COUNTY OTr r L L } ss: On this /5 day of (571 A.D. 2018 before me, the un- dersigned, a Notary Public in and for said State, personally appeared ne personally known sor ❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisiher/their authorized capacity(ies), and that by hisher%their signature(s) on the instrument the person(s), 0 the entity upon behalf of which the person(s) acted, ecu ed the instr ent. LL r`�/ (Sign in Ink) -'7,177 ', 1 +JF 'f ' rinUT eNagle) Notary Public in a r the State of^�/`t+ My Co mission expires ����" BRIAN J. KANE *y* COMMISSION NO. 125603 row► My Comm. Expires JAN 12, 2019 (NOTARIAL SEAL) CAPACITY CLAIMED BY SIGNER: 0 INDIVIDUAL 0 CORPORATE Title(s) of Corporate Officer(s): ❑ Corporate Seal is affixed 0 No Corporate Seal procured ❑ PARTNER(s): 0 Limited Partnership 0 General Partnership ❑ ATTORNEY-IN-FACT ❑ EXECUTOR(s) or TRUSTEE(s) ❑ GUARDEAN(s) or CONSERVATOR(s) ❑ OTHER: SIGNER IS REPRESENTING: List name(s) of entity (ies) or person(s) BUYER'S ACKNOWLEDGMENT OCTQ STATE OF IOWA: ss On this' g day of O , 20jjbefore me, the undersigned, personally appeared Iib" Bunt_known to me to be a may b(� of Buyer and who did say that said instrument was signed on behalfof Buyer by its authority duly recorded in its minutes, and said HE acknowledged the execution of said instrwnent, which signature appears hereon, to be the voluntary act and deed of Buyer a . by it voluntarily execu BUYER'S ROVAL Recommencd 4.c (Date) Notary Publi Approved by: (Date) m L for the State of Iowa TRACEY L. STECKLEIN Commission Number 716018 My Comm. Exp. L -11- a0 DISTRIBUTION: TWO COPIES RETURNED TO BUYER) -- ONE COPY RETAINED BY SELLER .ale 3 of 3 - TEMPORARY UNDERGROUND TIE SAC EASEMENT FROM CP RAIL APPROX. R"OX_ 4,098 SF (0.09 ACRES) /A r 1 PERMANENT ACCESS EASEMENT FROM HWY 1S & '61 DEVELOPMENT. LLC APPROX. 20,260 SF (0.47 AC) HCR120NTAL SCALE R1 FEET 0 60 120 DRA'MNG .MAY HAVE BEEN REDUCED 'PERMANENT STORM SEWER AND TRAIL CONSTRUCTION AND MAINTENANCE EASEMENT FROM CP RAIL APPROX. 9,442 SF (0.22 ACRES) \ e �LIPORARY ACCESS & CONSTRUCTION !� EASEMENT FROM HWY - - - .6' DEVELOPMENT, LLC APPROX. 109,030 SF (2.50 AC) T=MRCRARY ACCESS & CONSTRUCTION "EASEMENT FROM CP RAIL APPROX. 5,657 SF (0.15 ACRES) :TEMPORARY CONSTRUCT1CN EASEMENT FROM CP RAIL APPROX. 3,745 SF (0.82 ACRES) TEMPORARY CONSTRUCTICN EASEMENT FROM CP RAIL APPROX. 10,824 SF (0.39 ACRES) PERMANENT SUBSURFACE STORM SEWER AND TRAIL CONSTRUCTION AND MAINTENANCE EASEMENT FROM CP RAIL APPROX. 27,6662 Sr (0.54 ACRES) 1ERM.ANE\IT S. -ORM SEWER CONSTRUCTION AND MAINTENANCE EASEMENT "'FROM 8'&M PROP & STORAGE, LLC APPROX. 8,690 SF (0.20 ACRES) TEMPORARY CONS1RUCT1ON EASEMENT FROM 8&M PROP. & STORAGE. LLC APPROX. 7,218 SF (0.17 ACRES) TEMPORARY CONSTRUCTION ACCESS EASEMENT 1 FROM ROBERT F. KLAUER APPROX. 3,995 SF (0.09 ACRES) \, MA TCHLNE 11 11 11 11 11 11 11 0 11 11 Doc ID: 010194650003 Type GEN Kind: EASEMENT Recorded: 10/23/2018 at 02:50:44 PM Fee Amt: $17.00 Pae 1 of 3 Dubuque County Iowa John Murphy Recorder Fi1e2018 00012490 Prepared by Nate Kieffer. City of Dubuque, 50 W. 13" 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 ood and valuable consideration, the receipt whereof is hereby acknowledged, HWY 151 & 61 Development, LLC (Grantor) of Dubuque County, State of Iowa, for itself, its 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 (non-exclusive) construction easement for the Upper Bee Branch Creek Restoration Project through, under and across the following described real estate situated in Dubuque, Iowa, to wit: Part of Lot 1 in Riverview Plaza No. 2, & Part of Lot 2 in Riverview Plaza No. 3 all in the City of Dubuque, Dubuque County, Iowa The Easement Area shall be as shown on the attached Exhibit A and is for he purpose of: Providing access and staging for constructing underground storm sewer facilities as part of the Upper Bee Branch Creek Restoration Project Railroad Culvert Crossing 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. 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. 082818ba1 11 0 o 00C ' E: (111 L.— 91 ne-e,tin5 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 but no later than June 30, 2021. The Easement Area adjacent to the proposed trail will be graded in accordance with the project plans. The Easement Area contains approximately 109,778 square feet (1.28 acres) of land, more or less, as shown on Exhibit A. 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 day of 9C7', 2018. HWY 151 61 DEVELOPMENT, LLC By Its NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this (7 day of CS)G7. A.D., 2018 before me, the undersigned,a Notary Public in and for said County, in said State, personally appeared A % me E /4- /,44-E known, who acknowledged that he is the 4P 45, of HWY 151 & 61 Development, LLC, that he is authorized to executed this Grant of Easement on behalf of HWY 151 & 61 Development, LLC, and that he executed the same as hilunt.' act and deed on behalf of HWY 151 & 61 Development, BRIAN J. KANE COMMISSION NO,125603 My Comm. Expires JAN 12, 2019 F:IUsersltstecklelLindahRBEE BRANCH\Bee Branch Railroad\Grant of Temporary Ease t HWY 151-61 C7eveiopment 05241Hbai.docx PREPARED BY: 1IW, P.C. 4155 PENNS` LVANIA AVE DUBUQUE, IOWA (553) 556-245 EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT ACROSS PART OF LOT 1 IN RIVERVIEW PLAZA NO. 2 AND PART OF LOT 2 IN RIVERVIEW PLAZA NO. 3 IN THE CITY OF DUB Q E, IOWA / / N54'44'48"E 47.43 NORTH GRAPHIC SCALE 100 200 L=144.85' R=280.00' .A=2918'25" D=N16'08'43"E 143.24' DRAWING MAY HAVE BEEN REDUCED LOT 2 RIVERVIEW PLAZA NO, 3 L=133.12' R=253.71' A=30'03'51" i CHORD=S16'28'2,4%W 131.60' LEGEND - LOT UNE •- PROPOSED EASEMENT 0 TEMPORARY EASEMENT 108,954 SQ. FT. +/- LOT 1 RIVERVIEW PLAZA NO, 2 LOT 2 112,035 SQ. FT. LOT 1 76 SQ. FT, TOTAL 112,111 SQ. FT, +/- PROPRIETOR: HIGHWAY 151 & 61 DEVELOPMENT, LLC PREPARED FOR: CITY OF' DUBUQUE DATE PREPARED: 1-24-18, REV. N53'55'12"W 139.00' 30"W 30.00' NOTE THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, S66'28'30"W 9.46' S66'28'30"W 25,35' DRAWN RESTRICTIONS AND RIGHTS-OF-WAY ,"Ec' PRC 10-18 OF RECORD AND NOT OF RECORD, °niE 10-10CrACAM S SUR >': \W\164\I'o4-024;AAN7iG$\5;fl\46169 11 11 11 11 11 11 11 11 11 11 Doc ID: 010194660004 Type GEN Kind: EASEMENT Recorded: 10/23/2018 at 02:51:00 PM Fee Amt: $22.00 Page 1 of 4 Dubuque County Iowa John Murphy Recorder Fi1e2018-00012491 Prepared by: Nate Kieffer, City of Dubuque, 50 W. 1Y Street, Dubuque, Iowa 52001 (563)589-4270 Retum to: Nate Kiefer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563)589-4270 GRANT OF PERMANENT ACCESS EASEMENT For and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, HWY 151 & 61 Development, LLC (Grantor) of Dubuque County, State of Iowa, for itself, its successors and assigns, does hereby grant, sell, and convey to the CITY OF DUBUQUE, IOWA (Grantee), a municipal corporation, in perpetuity, from the date hereof, a permanent, non- exclusive access easement for the Upper Bee Branch Creek Restoration Project through and across the following described real estate situated in Dubuque, Iowa, to wit: Lot 2 of Riverview Plaza No. 3 all 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: Accessing improvements and appurtenances associated with the Bee Branch Creek Restoration Projects (Lower Bee Branch Creek Restoration Project, Upper Bee Branch Creek Restoration Project, Upper Bee Branch Creek Restoration Railroad Culvert Crossing Project, and other projects related to the overall Bee Branch Creek Restoration Project) in order to operate, maintain, repair, patrol, improve, replace, or remove improvements and appurtenances constructed for such Projects. It is understood and agreed that Grantee shall protect existing structures, pavement and utilities in the Easement Area. Grantor shall not erect any structure or park or store equipment in the Easement Area that will inhibit the use and access of Grantee without Grantee's prior written approval. Grantor may pave any portion of the Easement Area, may grant third parties access and ingress/egress rights or other easements over, across or under the Easement Area and Grantor may use the Easement Area to provide access from the real estate to Kerper Court. Ci -19 Ef)8"(Yetr ostAl low► 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 during the use of the easement, The Easement Area adjacent to the proposed trail will be graded in accordance with the project plans. The Easement Area contains approximately 20,256 square feet (0.47 acres) of land, more or less, as shown on Exhibit A. To have and to hold unto the City of Dubuque, Iowa, forever, and the undersigned does hereby expressly covenant that Grantor is the owner in fee of the real estate and has good right to the real estate, and that Grantee, its agents or contractors, shall at all times have free access to and egr s from and over said real estate. Dated at Dubuque, Iowa this day of '' GHQ , 2018. HWY 151 & 61 DEVELOPMENT, LLC NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this day of ©CT- , A.D., 2018 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared 'F►1.4 me known, who acknowledged that he is the of HWY 151 & 61 Development, LLC, that he is authorized to execute this Grant of Easement on behalf of HWY 151 & 61 Development, LLC, and that he executed the s me as his vol , tary act and deed on behalf of HWY 151 & 61 Developmen BRIAN J. KANE COMMISSION NO. 125603 My Comm. Expires JAN 12, 2019 F:\Users\tsteckle\Llndahl\BEE BRANCH\ No ` ublic 1 O d Ff the State of Iowa e Branch Railroad\Grant of Permenant Ea nt HWY 151-61 Development 0B2418baC.docx 0 IA. V) 0 OW Zj Y-150 < LAJ 0 0 \ -j 0 • c3. z 3. 5 o m 0 0 LJ 0 Z < N 1.11 cri cn 0 oi 0 P *ro in in • cZz r4 N el C.?Z• 0- 7 *61 Cr,0 0 z D: 10-10-18 SAF FEN REDUCED Z 0 -J 0 Ct 0 0 Z0iOZ AY VINVAIJSN,04 Vcd *MI1 ,A1E1 CIMIV-63241s3 PPEPAED EiY; IIW, P.C. 45 P4SYLVANIA AVEU UOUE, A ..6-2 EXHIBIT A PERMANENT ACCESS EASEMENT ACROSS LOT 2 OF RIVERVIEW PLAZA NO. 3 IN THE CITY OF DUBUQUE, IOWA LEGAL DESCRIPTION A permanent easement located across part of Lot 2 of Riverview Plaza No. 3 in the City of Dubuque, Iowa, more particularly described as fol ows; Commencing at the Southeast Corner of Lot C of Kerper Industrial Park; Thence South 66 degrees 28 minutes 33 seconds West along the South line of said Lot C, 141.42 feet. to the Point of Beginning; Thence South 22 degrees 47 minutes 51 seconds West, 89.07 feet; Thence South 66 degrees 29 minutes 01 seconds West, 423,73 feet; Thence South 58 degrees 28 minutes 07 seconds West, 63.98 feet; Thence South 54 degrees 44 minutes 48 seconds West, 47,43 feet; Thence South 48 degrees 37 minutes 00 seconds West, 16,57 feet to the East ne of Lot 1 Riverview Plaza; Thence North 13 degrees 33 minutes 57 seconds West along the East line of said Lot 1, 33.92 feet to the Northwest Corner of Lot 2 Riverview Plaza No, 3; Thence North 48 degrees 37 minutes 00 seconds Eost, 2.35 feet; Thence North 54 degrees 44 minutes 48 seconds East, 50.01 feet; Thence North 58 degrees 28 minutes 07 seconds East, 67.06 feet; Thence North 66 degrees 29 minutes 01 seconds East, 413.80 feet; Thence North 22 degrees 47 minutes 51 seconds East, 45.62 feet to the South line of Lot C of Kerper Industrial Park; Thence North 66 degrees 28 minutes 33 seconds East along said South line 43.44 feet to the Point of Beginning. Containing 18,294 square feet, more or less, and subject to easements, reservations, restrictions, and right—of—way record and not of record. PROPRIETOR: HWY 151 & 61 DEVELOPMENT LLC PREPARED FOR: CITY OF DUBUQUE DATE PREPARED: JANUARY 17, 2016 EASEMENT AREA: 18294 SQ. FT. +/— REVISED: 10-10-18 SAF .7,,TECIVre CM, E.30,75,7W, MAWR-NMI-AL a.apISV. INTETIMMEXPERTISESOLUTIONS 4155 PENTISYLVATBAAVE I DUBUQUE, 1054/A 52002 RA AF PLAT IA -1 C E C G PROJ, N DA 0-- 2 11 11 11 ie 11 11 11 uI Doc ID: 010210040005 Type GEN Kind: AFFIDAVITS Recorded: 11/21/2018 at 02:29:00 PM Fee Amt: $27.00 Page 1 of 5 Dubuque County Iowa John Murphy Recorder Fi1e2018-00013811 Preparer: Barry A. Lindahl, Esq. Address: Suite 330, 300 Main Street, Dubuque, IA 52001 Telephone: (563) 583-4113 Return to: Barry A. Lindahl, Esq. Address: Suite 330, 300 Main Street, Dubuque, IA 52001 Telephone: (563) 583-4113 AFFIDAVIT OF SCRIVENER'S ERROR State of Iowa, Dubuque County, ss: I, Barry A. Lindahl, after being first duly sworn, state as follows: 1. I am Senior Counsel for the City of Dubuque, Iowa. 2. City of Dubuque City Council Resolution No. 307-18 "Approving The Acquisition Of Easements Through Certain Real Property Owned By HWY 151 & 61 Development, LLC. In The City Of Dubuque, Iowa" contains an error in the first "Whereas" clause. The reference to "Temporary Easement Exhibit B" should be "Temporary Easement Exhibit A". 3. City of Dubuque City Council Resolution No. 307-18 "Approving The Acquisition Of Easements Through Certain Real Property Owned By HWY 151 & 61 Development, LLC. In The City Of Dubuque, Iowa" also contains an error in Section 3 and Section 4. The references to "Warranty Deed" in Section 3 and Section 4 should be "Grant of Permanent Access Easement and Grant of Temporary Construction Easement". Dated this 2( day of 146A1fr, 2018. Barry Lindahl, Senior Counsel City of Dubuque, Iowa c�1 STATE OF IOWA ss: COUNTY OF DUBUQUE ) Subscribed and sworn to before me this c2) day of NbVal(i(0, 2018. TRACEY L. STECKLEN Commission Number 716016 My Comm, Exp. q jI-gyp All NA Notary Public •tate of Iowa F:\Users\tsteckle\Lindahl\BEE BRANCH\Bee Branch Railroad\Affidavit of Lindahl HWY151&61 Resolution307-18 112118.docx Prepared by Deron Muehring, Civil Engineer 50 W. 13th St. Dubuque, IA 52001, 563-589-4276 Return to Kevin Fimstahl, City Clerk, 50 W. 13th St., Dubuque, IA 52001, 563-589-4100 RESOLUTION NO. 307-18 APPROVING THE ACQUISITION OF EASEMENTS THROUGH CERTAIN REAL PROPERTY OWNED BY HWY 151 & 61 DEVELOPMENT, LLC. IN THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque (City) intends to acquire a temporary easement through certain real property owned by HWY 151 & 61 Development, LLC. (Owner), at their E. 16th Street property legally described as Lot 2 Riverview Plaza No. 3 as shown on Permanent Easement Exhibit A and Temporary Easement Exhibit B (the Easements) 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 finalized for the Easements scheduled for acquisition. 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. Section 3. That the City of Dubuque be and is hereby authorized to accept a Warranty Deed from the Owner, conveying the Owner's interest to the City of Dubuque, Iowa for the Property. Section 4. That the City Clerk be and is hereby authorized and directed to cause said Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with a certified copy of this Resolution. Passed, approved and adopted this 15th day of October 2018. Attest: Kevin . Firnstah , City Clerk D Roy D. Buol, Mayor EXHIBIT A PERMANENT ACCESS EASEMENT ACROSS LOT 2 OF RIVERVIEW PLAZA NO. 3 IN THE CITY OF DUBUQUE, IOWA pER, R ' �� 4ti, PR� a` / `N66'28'33"E LOT ‘Np�s53�"SE CORNER C, KERPER 43_44' INDUSTRIAL PARK _, IIIIII'IIII'iIW11,. NORTH GRAPHIC SCALE 0 50 100 1" = 50` DRAWING MAY HAVE BEEN REDUCED S • gyE4 PRK \Npv N54'44'48"E NW 50.01' CORNER LOT 2 RIVERVIEW L1 PLAZA N0.3 \\ JFGEND — - - — LOT LINE - • — • - EASEMENT LINE EASEMENT AREA OE LO1\} \NvP \Np EXISTING CONCRETE WALL N6' AND FENCE S 2961 y�' o \PREP_ e44 • 56 -5 90 .1S � pER SOUTH LINE \ OF LOT C POINT OF COMMENCEMENT POINT OF QC 8 19i AC ��p BEGINNING Ovcv5� o• CP °CD eV OF dc \NOP S54'44'48'W 47.43' 548'37'00'W 16.57' EAST UNE OF LOT 1 ,ye° 4�2P Np. PROPRIETOR: HWY 151 & 61 DEVELOPMENT LLC PREPARED FOR: CITY OF DUBUQUE DATE PREPARED: JANUARY 17, 2016 EASEMENT AREA: 18,294 SQ. FT. +1 - REVISED: 10-10-18 SAF 5 NUMBER DIRECTION DISTANCE L1 N48'37'00"E 2.35' L2 N13'33'57'W 33.92' NOTF THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD AND NOT OF RECORD. 11' ONOsRVG MUNICIPAL EtIGINEEPING RREGflOYFXPERi76ESOLUTION6 TRuisPomnn.ENGINEEw"o DRAWN JJB/SAF PLAT NO. 3 -IA -16 CHECKED CLD PROJ. NO. 06169 DATE 10-10-16 SHEET 1 of 2 P:\06\169\169-02\GRAIIINDS\SUR\06169 PLATINUM PREPARED BY: II 4155 PENNSYLVANIA AVE DUBUQUE, IOWA (583) 556-246 EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT ACROSS PART OF LOT 1 IN RIVERVIEW PLAZA NO. 2 AND PART OF LOT 2 IN RIVERVIEW PLAZA NO. 3 IN THE CITY OF DUBQUE, IOWA / N54'44`48"E / 47.43' / 3 / o is �1 in Z N • t0 . fV fV LOT 2 (RIVERVIEW PLAZA NO. 3 NORTH GRAPHIC SCALE 0 100 200 1"=100' DRAWING MAY HAVE BEEN REDUCED L=133.12' R=253.71' 0=30'03'51" CHORD=S16'28'2yW L=144.85' / 131.60' R=280.00' D=6'08'43"E LEGEND CHO"D=N16'08'43"E// 143.24' ---- LOT LINE -••—••- PROPOSED EASEMENT 30.0. TEMPORARY EASEMENT 108,954 SQ. FT. +/- LOT 1 Za � RIVERVIEW PLAZA NO. 2 W, d \ .. `rw . \ t7t3.0 , LOT AND EASEMENT AREA • F LOT 2 112,035 SQ. FT. LOT 1 76 SO. FT. Zr, , TOTAL 112,111 SQ. FT. +/- rn, orf ss3• • • /, N53'55'12"W 139,00' r 566'28'30"W 9.46' S66 28'30"W S66'28'30"W 30.00' 25.35' NOTE PROPRIETOR: HIGHWAY 151 & 61 DEVELOPMENT, LLC PREPARED FOR: CITY OF DUBUQUE DATE PREPARED: 1-24-18, REV. 10-10-18 .�6,\Y\ 54''c THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD AND NOT OF RECORD. INTEGRITY.EXPERTISESOLUTIO $ mwvrnwEimuom • 999555.1191 MICNITECILPE CIVIL ENGINEERING CONSTRUCTION 8.VICES MUNIMa E xixo RVEING ORAWN SAF PLAT NO. —IA -18 CHECKED CLG P OJ. Na 06169 DATE 10-10-18 5 EET 1.9 9 P:\O6\169\169-02\DRAWINGS\SUR\06169 NW 151 5 11 11 11 11 11 11 11 11 11 11 Doc ID 010210050005 Type GEN Kind: EASEMENT Recorded: 11/21/2018 at 02:33:10 PM Fee Amt: $27.00 Page 1 of 5 Dubuque County Iowa John Murphy Recorder F11e2018-00018812 Prepared by: Nate Kieffer, City of Dubuque, 50 W. Street, Dubuque, Iowa 52001 (5 11 Doc ID 010194660004 Type GEN Kind EASEMENT Recorded: 10/23/2018 at 02:51:00 PM Fee Amt: $22.00 Page 1 of 4 Dubuque County Iowa John Murphy Recorder F1342018 00012491 9-4270 Return to: Nate Kiefer, City of Dubuque, 50 W. 13`" Street, Dubuque, Iowa 52001 (563)589-4270 GRANT OF PERMANENT ACCESS EASEMENT For and in consideration of the sum of Ten Dollars ($10.66) and other good and valuable consideration, the receipt whereof is hereby acknowledged, HWY 151 & 61 Development, LLC (Grantor) of Dubuque County, State of Iowa, for itself, its successors and assigns, does hereby grant, sell, and convey to the CITY OF DUBUQUE, IOWA (Grantee), a municipal corporation, in perpetuity, from the date hereof, a permanent, non- exclusive access easement for the Upper Bee Branch Creek Restoration Project through and across the following described real estate situated in Dubuque, Iowa, to wit: Lot 2 of Riverview Plaza No. 3 all 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: Accessing improvements and appurtenances associated with the Bee Branch Creek Restoration Projects (Lower Bee Branch Creek Restoration Project, Upper Bee Branch Creek Restoration Project, Upper Bee Branch Creek Restoration Railroad Culvert Crossing Project, and other projects related to the overall Bee Branch Creek Restoration Project) in order to operate, maintain, repair, patrol, improve, replace, or remove improvements and appurtenances constructed for such Projects. It is understood and agreed that Grantee shall protect existing structures, pavement and utilities in the Easement Area. Grantor shall not erect any structure or park or store equipment in the Easement Area that will inhibit the use and access of Grantee without Grantee's prior written approval. Grantor may pave any portion of the Easement Area, may grant third parties access and ingress/egress rights or other easements over, across or under the Easement Area and Grantor may use the Easement Area to provide access from the real estate to Kerper Court. C r -k4 mo t t�-ee.r'i "rte C, 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 during the use of the easement. The Easement Area adjacent to the proposed trail will be graded in accordance with the project plans. The Easement Area contains approximately 20,256 square feet (0.47 acres) of land, more or less, as shown on Exhibit A. To have and to hold unto the City of Dubuque, Iowa, forever, and the undersigned does hereby expressly covenant that Grantor is the owner in fee of the real estate and has good right to the real estate, and that Grantee, its agents or contractors, shall at all times have free access to and egr s from and over said real estate. Dated at Dubuque, Iowa this day ofe P , 2018. HWY 61 DEVELOPMENT, LLC NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: - On this ( 7 day of0 C-1- , A.D., 2018 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared F • *204) me known, who acknowledged that he is the &,17 of HWY 151 & 61 Development, LLC, that he is authorized to execute this Grant of Easement on behalf of HWY 151 & 61 Development, LLC, and that he executed the same as his voLary act and deed on behalf of HWY 151 & 61 Development/fr, ------- 4,,„9.1AL BRIAN J. KANE 4401/AlirAdi COMMISSION NO.125603 /1"4"" My Comm. F VUsers‘tsteckletUndahl \BEE BRANCHIBee Branch RailroadkGrant of Permenant Ea ent HWY 151-61 Development 082418bal.docx N ubli he State o 2 4z EXHIBIT A PERMANENT ACCESS EASEMENT ACROSS LOT 2 OF RIVERVIEW PLAZA NO. 3 IN THE CITY OF DUBUQUE, IOWA NORTH GRAPHIC SCALE 50 100 1" 50' DRAWING MAY HAVE BEEN REDUCED LEGEND — LOT LINE — • • — • • — EASEMENT LINE \ \ 1 EASEMENT AREA SOUTH LINE OF LOT C EXISTING CONCRETE WALL AND FENCE ti N5444'48"E 1 NW 50.01' 5 CORNER EC LOT 2 RIVERVIEW Li PLAZA NO.3 S54'44 -'48"W 47.43' 548'3700W 16.57' \-- rifLINE , PROPRIETOR: HWY 151 & 61 DEVELOPMENT LLC PREPARED FOR: CITY OF DUBUQUE DATE PREPARED: JANUARY 17, 2016 EASEMENT AREA: 18,294 SQ. FT. +1— REVISED: 10-10-18 SAF 5 POINT OF BEGINNING SE CORNER LOT C, KERPER INDUSTRIAL PARK POINT OF COMMENCEMENT NUMBER DIRECTION DISTANCE L1 N48•37'00E 2.35' L2 N13'33'57"W 33.92' NQIE THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS—OF—WAY OF RECORD AND NOT OF RECORD. LTEETVEAUESE20. .rA4NR.V.(4,0M DRAWNJJ/SAF CHECKED C PLAT NO.NO, ONN DATE 10-10-16 SHEET 1 of 2 MOti \159\1019-22 \PROM -CASA \06169 PLAVEA4 141 W1.15 PA ED iiw, PC. 4155 N A AVE �I.JSUCU A -2464 EXHIBIT A PERMANENT ACCESS EASEMENT ACROSS LOT 2 OF RIVERVIEW PLAZA NO. 3 IN THE CITY OF DUBUQUE, IOWA LEGAL DESCRIPTION A permanent easement located across part of Lot 2 of Riverview Plaza No. 3 in the City of Dubuque, lowo, more particularly described as follows; Commencing at the Southeast Corner of Lot C of Kerper Industrial Park; Thence South 66 degrees 28 minutes 33 seconds West along the South line of said Lot C, 141.42 feet to the Point of Beginning; Thence South 22 degrees 47 minutes 51 seconds West, 89.07 feet; Thence South 66 degrees 29 minutes 01 seconds West, 423.73 feet; Thence South 58 degrees 28 minutes 07 seconds West, 63.98 feet; Thence South 54 degrees 44 minutes 48 seconds West, 47,43 feet-, Thence South 48 degrees 37 minutes 00 seconds West, 16.57 feet to the East line of Lot 1 Riverview Plaza; Thence North 13 degrees 33 minutes 57 seconds West along the East line of said Lot 1, 33.92 feet to the Northwest Corner of Lot 2 Riverview Plaza No, 3; Thence North 48 degrees 37 minutes 00 seconds East, 2.35 feet; Thence North 54 degrees 44 minutes 48 seconds East, 50.01 feet; Thence North 58 degrees 28 minutes 07 seconds East, 67;06 feet; Thence North 66 degrees 29 minutes 01 seconds East, 413.80 feet; Thence North 22 degrees 47 minutes 51 seconds East, 45.62 feet to the South line of Lot C of Kerper Industrial Park; Thence North 66 degrees 28 minutes .33 seconds East along said South line 43.44 feet to the Point of Beginning. Containing 18,294 square feet, more or less, and subject to easements, reservations, restrictions, and right—of—way record and not of record. PROPRIETOR: HWY 151 & 61 DEVELOPMENT LLC PREPARED FOR: CITY OF DUBUQUE DATE PREPARED: JANUARY 17, 2016 EASEMENT AREA: 18,294 SQ. FT. +/— REVISED: 10-10-18 SAF N EXPERTNESCLUTIONS vt11.i.g51 LCNA 600.556*101 4111 P NNSYLVAN1A AVE PU4UQUE10WA 52002 DRA41 .145/SAF PLAT 55. 3 -IA -1 5.1 50. 5416 \MAIO 1104 0. Prepared by and return to: Brian J. Kane, Kane, Norby & Reddick, P.C., 2100 Asbury Road, Suite 2, Dubuque, IA 52001 563/582-7980 MORTGAGEE CONSENT TO EASEMENTS State Mutual Insurance Company hereby states that it is the Mortgagee of a mortgage instrument number 2016-16094 of the records of Dubuque County, Iowa as dated November 28, 2016 and filed November 29, 2016 on real estate described as follows: Lot 1 of RIVERVIEW PLAZA NO. 2 and Lot 1 and Lot 2 of RIVERVIEW PLAZA NO. 3 in the City of Dubuque, Iowa according to the recorded plats thereof. State Mutual Insurance Company hereby consents to the grant of temporary construction easement by Mortgagor to the City of Dubuque, Iowa. Dated this ) day of October, 2018. STATE OF GEORGIA ) ss: COUNTY OF FLOYD Delos H. Yancey, IIrI;°Its A d'RP e resentative Subscribed and sworn to by Delos H. Yancey, III on this % b day of October, 2018. Notary Public i and for the State of Georgia 11 11 11 11 11 11 Doc ID 010210060004 Kind: EASEMENT Recorded: 11/21/2018 Fee Amt: $22.00 Page Dubuque County Iowa John Murphy Recorder 11 11 11 u Type GEN at 02:33:42 PM 1 of 4 Fi1e2018-0001381 Prepared by: Nate Kieffer,, City of Dubuque, 50 Return to: Nate Kiefer, City of Dubuque, 50 W. 13"'Street, Dubuque, Iowa 52001 (563)589-4270 Doc ID: 010194650003 Type GEN Kind: EASEMENT Recorded: 10/23/2018 at 02:50:44 PM Fee Amt: $17.00 Page 1 of 3 Dubuque County Iowa John Murphy Recorder Fi1e2018-00012490 et, 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 acknowledged, HWY 151 & 61 Development, LLC (Grantor) of Dubuque County, State of Iowa, for itself, its 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 (non-exclusive) construction easement for the Upper Bee Branch Creek Restoration Project through, under and across the following described real estate situated in Dubuque, Iowa, to wit: Part of Lot 1 in Riverview Plaza No. 2, & Part of Lot 2 in Riverview Plaza No. 3 all 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 Railroad Culvert Crossing 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. 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, 082818ba1 C Oi.h�� ©o 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 but no later than June 30, 2021. The Easement Area adjacent to the proposed trail will be graded in accordance with the project plans. The Easement Area contains approximately 100,778 square feet (1.28 acres) of land, more or less, as shown on Exhibit A. 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 L ✓ day of Q©!A , 2018. HWY 15 By Its 61 DEVELOPMENT, LLC NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this t!� day of OCT. A.D., 2018 before me, the undersigned,a Notary Public in and for said County, in said State, personally appeared j»,4X, e- /1 ' 44'64) me known, who acknowledged that he is the /10414,7 of HWY 151 & 61 Development, LLC, that he is authorized to executed this Grant of Easement on behalf of HWY 151 & 61 Development, LLC, and that he executed the same as his +lunt.' act and deed on behalf of HWY 151 & 61 Development * * aw► BRIAN J. KANE COMMISSION NO. 125603 My Comm. Expires JAN 12, 2019 Ns �' `" biic In , nd ;' or e State of Eow F:IUsers\tsteckle\Lindehl\BEE BRANCH\Bee Branch Railroad\Gran Temporary Ease', : t HWY 151.61 Develop PREPARED BY: SW, P.O. 4155 PENNSYLVANIA AW DUBUQUE, IOWA 564) 556-2464 EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT ACROSS PART OF LOT 1 IN RIVERVIEW PLAZA NO. 2 AND PART OF LOT 2 IN RIVERVIEW PLAZA NO. 3 IN THE CITY OF DUB Q E, IOWA N54'44'48E 47.43' `1# o „erainikt. NORTH GRAPHIC SCALE 100 200 6 L=14-4.85' R=280.00' .6=29*38'25" D=N16'08'43"E 143.24' L=133.12' R=253.71' &---30'03'51" CHORD=S16'28'2,...c-W 131.60' = 100' DRAWING MAY HAVE BEEN REDUCED LOT 2 RIVERVIEW PLAZA NO. 3 LEGEND LOT UNE - PROPOSED EASEMENT 0 z 30.0 TEMPORARY EASEMENT 108,954 SQ. FT, +/- LOT 1 RIVERVIEW PLAZA NO. 2 1 11 LOT AND EASEMENT AREA LOT 2 112,035 SQ. FT. LOT 1 76 SO. FT. TOTAL 112,111 SQ. FT. +/- N53'55'12W 139.00' PROPRIETOR: HIGHWAY 151 & 61 DEVELOPMENT, LLC PREPARED FOR: CITY OF DUBUQUE DATE PREPARED: 1-24-18, REV. 10-10-18 SS6 30.00' RUE, THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD AND NOT OF RECORD. S6628.30W 946' S6678.30W 25.35' 1,145 DRAWN GAF 4454 ND. -1A-15 SATE 5555 10-40-15 EET 1 a 1 LLG 15511 NO, 05159 13 V69-92 \GU 159 1513151 Prepared by and return to: Brian J. Kane, Kane, Norby & Reddick, P.C., 2100 Asbury Road, Suite 2, Dubuque, IA 52001 563/582-7980 MORTGAGEE CONSENT TO EASEMENTS State Mutual Insurance Company hereby states that it is the Mortgagee of a mortgage instrument number 2016-16094 of the records of Dubuque County, Iowa as dated November 28, 2016 and filed November 29, 2016 on real estate described as follows: Lot 1 of RIVERVIEW PLAZA NO. 2 and Lot 1 and Lot 2 of RIVERVIEW PLAZA NO. 3 in the City of Dubuque, Iowa according to the recorded plats thereof. State Mutual Insurance Company hereby consents to the grant of permanent access easement by Mortgagor to the City of Dubuque, Iowa. Dated this /' day of October, 2018. STATE OF GEORGIA COUNTY OF FLOYD ) ss: Delos H. Yancey41I,,It's A,1 1iz d Representative Subscribed and sworn to by Delos H. Yancey, III on this J t day of October, 2018. L Public rand for or the State of Georgia My Commission Expires 4.19.2022