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Upper Bee Branch Creek Railroad Culverts Project_B&M Properties Easements and Acquistion Agreement Copyrighted December 3, 2018 City of Dubuque Consent Items # 21. ITEM TITLE: Upper Bee Branch Creek Railroad Culverts Project, Property Acquisition Agreement and Easements from B&M Properties & Storage, LLC SUMMARY: City Manager recommending approval of resolutions approving the acquisition agreement and the acquisition of a permanent storm sewer easement, a temporary access and storage easement, and a temporary construction easement at the 525 E. 19th Street property owned by B&M Properties & Storage, LLC necessary for the construction and maintenance of the Upper Bee Branch Railroad Culverts Project. RESOLUTION Approving the Purchase Agreement for the Acquisition of Easements through certain real property owned by B&M Properties & Storage, LLC in the city of Dubuque, lowa for the Bee Branch Railroad Culverts Project RESOLUTION Accepting Grants of Easements through certain real property owned by B&M Properties & Storage, LLC in the City of Dubuque, lowa for the Bee Branch Railroad Culverts Project SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Upper Bee Branch Creek Railroad Culverts Easements- City Manager Memo NNM Memo Staff Memo Staff Memo Purchase Agreement Supporting Documentation Resolution Approving Purchase Agreement Resolutions Resolution Approving Easement Resolutions Grant of Permanent Storm Sewer Easement Supporting Documentation Grant of Temp Access and Temp Storage Agreement Supporting Documentation Grant of Temp Construction 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: Upper Bee Branch Creek Railroad Culverts Project, Property Acquisition (easement), B&M Properties & Storage, LLC (CIP 2642769, Project No. 1X0004) DATE: November 27, 2018 City Engineer Gus Psihoyos recommends City Council approval of resolutions approving the acquisition agreement and the acquisition of a permanent storm sewer easement, a temporary access and storage easement, and a temporary construction easement at the 525 E. 19�h Street property owned by B&M Properties & Storage, LLC for $55,000. The easements are necessary for the construction and maintenance of the Upper Bee Branch Railroad Culverts Project. I concur with the recommendation and respectfully request Mayor and City Council approval. �� Mic ael C. Van Milligen �� MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Uubuyue THE CITY OF � D V � E Ali-AmericaCity 1 I Masterpiece on tl�e Mississippi � ,��.,��,.Z��.Z�,�� TO: Michael C. Van Milligen, City Manager.,..�� c,' '� FROM: Gus Psihoyos, City Engineer . �� . .�- � DATE: November 21, 2018 SUBJECT: Upper Bee Branch Creek Railroad Culverts Project, Property Acquisition (easement), B&M Properties & Storage, LLC [CIP 2642769, Project No. 1X0004� INTRODUCTION The purpose of this memorandum is to request approval to acquire a permanent storm sewer easement, a temporary access and storage easement, and a temporary construction easement (the Easements) at the 525 E. 19t" Street property, owned by B&M Properties & Storage, LLC. The easements are necessary for the 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, from 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 a portion of 52.5 E. 19t" Street. In August of 2018, the City Council passed Resolution 229-18 establishing the fair market value of the Easements through the B&M Properties & Storage, LLC Property at $35,000.00. It also authorized the City Manager to commence negotiations, and if necessary, commence eminent domain proceedings to acquire the easement. In October of 2018, the City Council passed Resolution 308-18 authorizing the City Manager to make a final offer in the amount of $45,000 for the Easements through the B&M Properties & Storage, LLC. DISCUSSION B&M Properties & Storage, LLC, owner of the property at E. 16t'' Street property legally described as Lots 1-1-B and 1-2-B in Mineral Lot 100 and 5-2-2-2, 6-2-2-2, and 2-1-1 in Mineral Lot 106, and Lot 12 in East Dubuque Addition (the Property), has signed a Purchase Agreement (Agreement) granting the City a permanent storm sewer easement, a temporary access and storage easement, and a temporary construction easement (the Easements) for the Upper Bee Branch Creek Railroad Culverts Project. B&M Properties & Storage, LLC (the Owner) has indicated that the City's appraisal does not adequately consider the impacts that the City's use of the easements will have on the business (A-1 Crane) that operates on the Property. The Owner also asserted that the easements will restrict future development or redevelopment of the property more than stated in the appraisal such that the value of the easements is closer to $70,000. However, per the terms of the Agreement, the Owner is only asking the City to pay $55,000.00 for the easements. While the City could attempt to acquire the easements for $35,000 through the eminent domain/condemnation process, ultimately, it would then be up to a condemnation commission to establish the value of the property. Through that process, the Owners will likely present information in support of a $70,000 valuation. If the condemnation commission determined the value to be more than $49,500.00, the City would also be required to cover the Owner's legal costs associated with the process which could approach an additional $35,000.00. Therefore, in order to avoid the costs of proceeding with condemnation and the 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 a permanent storm sewer easement, a temporary access and storage easement, and a temporary construction easement at the 525 E. 19t" Street, property owned by B&M Properties & Storage, LLC., per the terms of the attached Purchase Agreement. The easements are necessary for the construction and maintenance of the Upper Bee Branch Railroad Culverts Project. BUDGET IMPACT Per the terms of the Agreements, the City will pay B&M Properties & Storage, LLC $55,000.00. 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. 2 REQUESTED ACTION I resp�ctfully request ac�aptior� of the attach�d i-�solutioris ap�roving the acquisitic�n �gr�ement ancl the acquisition oF � ��errr�anent easement �nc� �� tempc�rary easerri�nt at 525 E. 19"' Str�et �roperty, own�d by B&M Properties & Stc�rage, LLC and authorizing the City Man�ger ta execute the Purchase Ac�r�emPnt anel to tak� s�ach actions �s m�y be n�cessary fio carry out the terms of th� Purch�se Agreernent for the purpose of cc�nstructing and maintaining the improvem�;nts �ssociated wifih thP Upper Bee Branch Cr��k Railroac� Culverts Project. Attach. PreparFd by Deron Muehring Cc: Crenna Brumwell, Cifiy Attorney Barry Lindahl, Senior Corporati�n Co�ansel Steve Brown, Project Manager Deron Muehring, �ivil Engineer 3 Prepared by Deron Muehrinq, 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. 360-18 APPROVING THE PURCHASE AGREEMENT FOR THE ACQUISITION OF EASEMENTS THROUGH CERTAIN REAL PROPERTY OWNED BY B&M PROPERTIES & STORAGE, LLC. IN THE CITY OF DUBUQUE, IOWA FOR THE BEE BRANCH RAILROAD CULVERTS PROJECT Whereas, the City of Dubuque (City) intends to acquire a permanent storm sewer easement, a temporary access and storage easement, and a temporary construction easement through certain real property owned by B&M Properties & Storage, LLC. (Owner), at its 525 E. 19th Street property legally described as Lots 1-1-B and 1-2-B in Mineral Lot 100 and 5-2-2-2, 6-2-2-2, and 2-1-1 in Mineral Lot 106, and Lot 12 in East Dubuque Addition as shown on Exhibit A, Exhibit C, and Exhibit D (the Easements) attached hereto for the purpose of constructing, operating, and maintaining the Bee Branch Railroad Culverts Project, a storm water management project; and Whereas, the 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. Passed, approved and adopted this 3rd day of December 2018. Attest: Kev1(i ` . Firnstahl; City Clerk Roy D. Buol, Mayor PURCHASE AGREEMENT PARCEL NO. 1024234008 COUNTY DubucLue PROJECT NO. 1154.059 ROAD NO. 19th Street SELLER B&M Properties&Stora e,LLC THIS AGREEMENT made and entered into this day of Cl Y I iJ C1L—.2018,by and between Seller and the City of Dubuque,Buyer. la. SELLER AGREES to sell and furnish to Buyer, and Buyer agrees to buy the following easement interest in 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 Permanent Storm Sewer Easement'attached hereto as Exhibit"A"and incorporated herein by reference. lb. SELLER ALSO GRANTS to Buyer temporary easements as described on the legal documents titled 'Grant of Temporary Access Easement and Temporary Storage Easement' and 'Grant of Temparary Construction Easement' attached hereto as Exhibit"C"and Exhibit"D",respectively, for the purpose of access to the project site and constructing public improvements, and as shown on the project plans for said improvements. Said Temporary easement(s) shall terminate upon completion of this project which is anticipated on June 30,2021 a l as more particularly described in said easement agreements. lc. SELLER CONSENTS to any change of grade of the site and accepts payment under this agreement for any and all damages arising therefrom. SELLER ACKNOWLEDGES full settlement and payment from Buyer for the premises and easements referenced in paragraph lb. 2.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 constru ting public improvements. SELLER MAY surrender possession of the premises or building ar 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. 3.Buyer agrees to pay and SELLER AGREES to grant ihe right of possession,convey title and surrender physical possession ofthe premises as shown on or before the dates listed below. PAYMENT AMOUNT AGREED PERFORMANCE DATE OF PERFORMANCE 0.00 on conveyance of title 0.00 on surrenaer of possession 55,000.00 on possession and conveyance 60 da s after Bu er a roval 55,000.00 TOTAL LUMP SUM Breakdown Ac./Sq.Ft. Permanent Easement 8,690 sq.ft Temporary Easement 8.519 sq.ft DISTRIBUTION: TWO COPIES RETURNED TO BUYER) -- ONE COPY RETAINED BY SELLER Page 1 of 3 4.SELLER WARRANTS that there are no tenants on the premises holding under lease except: A1 Crane Rental and Machinery Moving,Inc. 5.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 lienholdersare: None 6.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 by 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. 7.This agreement is subject to final approval by the Dubuque CityCouncil. 8.If Seller holds title to tt;e 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 ioint tenancy has not been destroyed by operation of law or acts ofSeller. 9.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. 10. 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. 11. Buyer acknowledges that Seller utilizes the portion of land subject to the'Grant of Permanent Storm Sewer Easement'referenced in Section 1(a)for purpose of storing snow removed from Seller's property. Buyer further acknowledges that as a consequence of the construction activities resulting from the `Grant of Permanent Storm Sewer Easement' Seller will be required to secure the services of a snow removal vendar. During all periods of time during which Seller is prevented from utilizing the portion of land subject to the Grant of Permanent Storm Sewer Easement' referenced in Section 1(a), Seller may elect to(i) secure the services of a snow removal vendor to remove snow from Seller's property the cost of which will be borne by Buyer, or(ii) Self-perform the snow removal services at a rate of$105/hour. Buyer agrees to timely pay all invoices submitted by Seller or Seller's snow removal vendor,provided,however,that Buyer's payment shall occur no later than thirty(30)days following delivery of an invoice to Buyer. This Section 12 shall survive the closing of this Agreement. Seller agrees to request multiple quotes for snow removal work and shall secure the services of the lowest-cost, qualified vendor. 12. Buyer acknowledges that Seller utilizes the portion of land subject to the'Grant of Permanent Storm Sewer Easement'referenced in Section 1(a)far purposes of storing vehicles, equipment and materials. Buyer further acknowledges that as a consequence of the construction activities resulting from the `Grant of Permanent Storm Sewer Easement' Seller will be required to(i)relocate said vehicles, equipment and materials to a temporary storage area during said construction activities, and(ii)reiocate said vehicles, equipment and materials from the temporary storage area to the portion of land subject to the `Grant of Permanent Storm Sewer Easement' following the completion of construction by Buyer in the portion of land subject to the `Grant of Permanent Storm Sewer Easement' (collectively,the"Relocation Wark"). Buyer shall either: (i)reimburse Seller for the Relocation Work in an amount equa:to$75.00/man hour if Seller utilizes Seller's employees or contractors for the Relocation Work, or(ii)reimburse Seller far the reasonable cost of the Relocation Work if Seller utilizes the services of a third party vendor for the Relocation Work. Buyer shall may the payments referenced in the preceding sentence in a timely fashion, but in no event later than thirty(30) days following delivery of an invoice by Seller or Seller's vendor to Buyer. This Section 13 shall survive the closing of this Agreement. Seller agrees to request multiple quotes for relocation work and shall secure the services of the lowest-cost, qualified vendor. 13. Seller states and warrants that,to the best of Seller's knowledge,there is no burial site,well,solid waste disposalsite, hazardous substance,nor underground storage tank on the premises described and soughtherein. DISTRIBUTIdN: TWO COPIES RETURNED TO BUYER) -- ONE COPY RETAINED BY SELLER Page 2 of 3 EXHIBIT A GRANT OF PERMANENT STORM SEWER EASEMENT Prepared by: Nate Kieffer,City of Dubuque, 50 W. 13'"Street, Dubuque, lowa 52001 (563)589-4270 Return to:Nate Kiefer,City of Dubuque,50 W. 13'"Street,Dubuque, lowa 52001 (563)589-4270 GRANT OF PERMANENT STORM SEWER 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, B&M PROPERTIES & STORAGE, LLC (Grantor) of Dubuque County, State of lowa, 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 access easement for the Upper Bee Branch Creek Restoration Project through and across that portion of the following described real estate situated in Dubuque, lowa, to wit: Lot 5-2-2-2 of Mineral Lot 106 in the City of Dubuque, Dubuque County, lowa shown on the attached Exhibit A (the "Easement Area") and is for the purpose of: Constructing, operating, maintaining, repairing, inspecting, improving, or replacing underground storm sewer facilities Grantee shall protect existing structures, pavement and utilities in the Easement Area. Grantor shall not erect any structure in the Easement Area that w;ll inhibit the use and access of Grantee. Grantor shall not park or store equipment in the Easement Area during any time that Grantee has notified Grantor that Grantee intends to use and access the Easement Area for the purposes described above provided that Grantee shall give Grantor at least 48 hours prior notice of Grantee's intended use of access of the Easement Area. Subject to the limitation in the preceding sentence, following completion of construction of the underground storm sewer facilities, Grantee may park vehicles and place 082818ba1 equipment, materials and snow in the Easement Area. Grantee shall construct the easement facilities to be placed in the Easement Area in such a manner that said easement facilities will have a capacity to support loadings by a 400 ton crane (2011 Terex, Model No. DEMAG as identified in the project plans). Grantee shall refrain from removing fallen snow from the Easement Area to any property owned by Grantor including any property owned by Grantor made subject to temporary access or construction easements. 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. Grantee may remove the existing security fencing located in the Easement Area, provided, however, that Grantee shall concurrently install temporary replacement security fencing comprised of chain link fence with three rows of barbed wire, which replacement security fencing shall prohibit access to all of Grantor's property. Grantee shall secure Grantor's prior approval of the specifications and location of the replacement security fencing, which approval shall not be unreasonably withheld. Following completion of the installation of the underground storm sewer facilities, Grantee shall remove the temporary security fencing and irstall permanent security fencing comprised of chain link fence with three rows of barbed wire in the locations from which Grantee removed the original fencing. Grantee shall secure Grantor's prior approval of the specifications and location of the permanent security fencing, which approval shall not be unreasonably withheld. It is understocd and agreed that Grantee herein shall restore the Easement Area to its original condition if it becom�s disturbed or damaged during the use of the easement. The Easement Area contains approximately 8,690 square feet (0.20 acres) of land, more or less, as shown on Exhibit A. To have and to hold unto the City of Dubuque, lowa, 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 egress from and over said real estate. 5 Dated at Dubuque, lowa this� day of i' '�� , 2018. B&M PROPERTIES & STORAGE, LLC � 'i i / By: ! �; Its Q��Ve� " �' NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this � day of f��' ^ 1� � .D., 2018 before me, the undersigned, Notary Public in and for said County, in said State, personally appeared , , " � /�'�� , to me knawn, who acknowledged that he is the ,N14 C of B&M Properties & Storage, LLC, that he is authorized to execute this Grant of Easement on behalf of B&M Properties & Storage, LLC, and that he executed the same as his voluntary act and deed on behalf of B&M Properties & Storage, LLC. r'`� Notary ublic In and F r t e St e of lowa 6 �. __li��, . �� _ � �- �' ; '� ,� . � a �I ,��., � �f - r.. �„,s' __- _.�L�,,�~I --�--��_- ::.;: -: � .:;i�'`- ,. �i_ -�i " � � .*� - I.i �j- J'� � • .�� ..._.�.,-_Y-'s-"_..__ - � . . . - _ . . � � �,� -r-� . .._. . . � �� f �` `~ : . ! 4+ � � � Y.. -�r��.-_-- � � � '`J`y�. _ •. -... c�i C? !�/ � ,'� � {y:. _ _ - ti >, r �.�* � . �r _r�-�'_ �-g ."� �--�:' /,. , .�- _ `�� _ �`� ' � � . �,' f ' '� . ... .�� '�-�� `�1�._._ ��L. .- ,+y. `;�/' i ° _.�-+�'�"'�""�-- . ._ . ��e . 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XM � � F `,�`..� �� f � f�'�,;.� � :� ` W O� (� , � �� „ �� h �• / �•,�`� �t,?x � °o.�m f6� ' /! / "',.. � J � N d' .'/ - ! l /�!/�` � � ��' �\ �•`:��\ � � H�� ' . .. � . ry � �� r, //' �. � - � a` n�� i r �,. � � .-` o°°� i ��. �/. �\l'�'"^-�.. d ' /� L j1 - I �' � - � 6j , i -� k . �� • � � 's� � �� _ ",�' Q /�/ �� ' - �= %/ ; \'- . � -`nd��I.`%, � � r , /%� I ....\ �-- . � � �i" . ;',; �� s; , //! �,s{t+� j a�b . �� `�'r � i J �. � ��. _ _ p/a,�� \ '"�-= � f'/ i'��/�� Y�� h � � � ��\� •\C� '� �'c�n �'� m �v .� -- .-��t . ' r \,+�r "`s. �o N � ��O� N �a � ``� '. - \� ` � �`° �� °- a � � � ��, �i j � — � �' .� o" o=° m E�N , � " � ,} °�, � n m.��c� o rn� ti � 1� ' . �� r�°� � , Z`o� �� z o °�a o , 1 . ,�o �' f � � m° aa� `°v,o � � o m � � � ' ' � � V n � N N� C N r m+ �. E�C7 m `�' X EM � c m � a� � -�cooa� om ,` ' � �--�t 6Ndw.Ot C� . f�� p I ``. .. . ^ � q� . 1 _ ! _ - �\ a.\` w. , _. �� , �1_ . . f• _•- ... �� `l� _•-- � � ."'� - _ s, EXHIBIT C GRANT OF TEMPORARY ACCESS EASEMENT AND TEMPORARY STORAGE AGREEMENT Prepared by: Nate Kieffer,City of Dubuque,50 W. 13th Street, Dubuque, lowa 52001 (563)589-4270 Return to:Nate Kiefer,City of Dubuque,50 W. 13`"Street,Dubuque, lowa 52001 (563)589-4270 GRANT OF TEMPORARY ACCESS EASEMENT AND TEMPORARY STORAGE AGREEMENT For and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, B & M PROPERTIES & STORAGE, LLC (Grantor) of Dubuque County, State of lowa, 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 access easement for the Upper Bee Branch Creek Restoration Railroad Culvert Project through, under and across that portion of the fallowing described real estate situated in Dubuque, lowa, to wit: Parts c+f Lots 1-1-B and 1-2-B in Mineral Lot 100 and 5-2-2-2, 6-2-2-2 and 2-1-1 in Mineral Lot 106, and Lot 12 in East Dubuque Addition all in the City of Dubuque, Dubuque County, lowa shown on the attached Exhibit C (the "Easement Area") and is for the purpose of: (i) Providing ingress and egress by Grantee and Grantee's contractors across the Easement Area to and from the public right of way and the land located easterly of the Easement Area to be utilized by Grantee in connection with the Upper Bee Branch Creek Restoration Project in accordance with the plans and specifications on file in the office of the City Engineer; and (ii) Staging on that portion of the Easement Area located easterly of the temporary security fence shown on Exhibit C to be utilized by Grantee in connectian with the Upper Bee Branch Creek Restoration Project in accordance with the 7 (iii) plans and specifications on file in the office of the City Engineer. Grantee shall protect existing structures, pavement and utilities in the Easement Area. Grantee shall refrain from parking vehicles or storing equipment in that portion of the Easement Area described in subparagraph (i). Grantee shall construct a temporary security fence in the location shown on Exhibit C, which temporary security fence shall be comprised of a chain link fence with three (3) rows of barbed wire. Grantor shall not erect any structure in the Easement Area during the specified period of use by Grantee that will inhibit the access of Grantee. Grantor shall not park or store equipment in the Easement Area during any time that Grantee has notified Grantor that Grantee intends to access the Easement Area, which parking or storage would prevent exercise by Grantee of the rights conveyed herein. Grantee shall provide 30 days prior notice to Grantor when the easement will be utilized, providing approximate beginning and end dates. Grantor reserves the right to use the Easement Area for purposes which will not interfere with Grantee's enjoyment of the rights hereby granted. Grantee acknowledges that Grantor will be materialiy inconvenienced by Grantee's use of the Easement Area and as such Grantee shall endeavor to limit its use of the Easement Area to minimize the impact on Grantor. Without limiting the generality of the �oregoing, Grantor shall not be required to relocate equipment, materials or vehicles located in the Easement Corridor unless failure to do so would materially impact Grantee's use of the Easement Area. In addition to the 30 days prior notice referenced in the preceding paragraph Grantee and Grantee's contractors shall provide 48 hour notice to Grantor for access required for material and equipment deliveries through the Easement Area located westerly of the temporary security fence shown on Exhibit C. Grantee acknowledges that Grantor maintains a security gate westerly of the Easement Area (the "Westerly Security Gate"). Grantor and Grantee shall each maintain a separate lock for the Westerly Security Gate and Grantee shall provide Grantor with a copy of the key for the lock maintained by Grantor. Grantee shall ensure that its contractors lock the Westerly Security Gate at the end of each work day to the extent that Grantor or Grantor's employees are not present. Grantee shall provide a secured storage area (the "Secured Storage Area") for Grantor's exclusive use throughout the duration of the Upper Bee Branch Creek Restoration Project of approximately 7,600 square feet at 420 GarField Avenue as shown on Exhibit B. Grantee shall construct and maintain a chain link security fence with three rows of barbed wire on the boundary of the Secured Storage Area. Grantee shall haul away snow from the area identified on Exhibit B throughout the duration of the Upper Bee Branch Creek Restoration Project as necessary. 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 and any surrounding buildings or improvements to their original condition if they become 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. Upon said completion and acceptance and upon request from Grantor, Grantee shall i�sue a written termination of this easement recordable with the Dubuque 082818ba1 County, lowa Recorder. The Easement Area contains approximately 5,900 square feet (0.135 acres) of land, more or less, as shown on Exhibit C. The undersigned does hereby expres�ly 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, subject to the limitations set forth herein, have free access to and egress from an� over said real estate while the easement is in effect. Dated at Dubuque, lowa this�day of � � �'� � 2018. B&M PROPERTIES & STORAGE, LLC By: , its �� ``�'1 � NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this � day of "��''� �A.D., 2018 before me, the undersigned, a .�tary Public in and for said County, in said State, personally appeared � ' ��l ' to me known, who acknowledged that he is the of B&M Properties & Storage, LLC, that he is authorized to executed this Grant of Easement on behalf of B&M Properties & Storage, LLC, and that he executed the same as his voluntary act and deed on behalf of B&M Properties & Storage, LLC. L{/Ls-� s Notary ublic In and For e Sta of lowa � � 9 EXHIBIT D GRANT OF TEMPORARY CONSTRUCTION EASEMENT Prepared by: Nate Kieffer,City of Dubuque, 50 W. 13'h Street, Dubuque, lowa 52001 (563)589-4270 Return 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 Ten Dollars ($10.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, B&M PROPERTIES & STORAGE, LLC (Grantor) of Dubuque County, State of lowa, 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 construction easement for the Upper Bee Branch Creek Restoration Railroad Culvert Project through, under and across that portion of the following described real estate situated in Dubuque, lowa, to wit: Part of Lot 5-2-2-2 of Minerai Lot 106 in the City of Dubuque, Dubuque County, lowa shown on the attached Exhibit D and is for the purpose of: Installing below-grade tie-backs for a temporary soil retention system in order to construct underground storm sewer facilities in connection with the Upper Bee Branch Creek Restoration Project in accordance with the plans and specifications on file in the office of the City Engineer. Said tie- backs will be installed approximately 8 feet below finished floor elevation of the existing building and will be abandoned in place. Grantee shall protect existing structures, pavement and utilities in the easement area. Grantee shall further install said tie-backs from the exterior of any buildings located in the easement area and shall not utilize or otherwise disturb the interior of any existing buildings or improvements. Grantor may continue to utilize the easement area as indoor storage throughout the duration of the Upper Bee Branch Creek Restoration Project. 10 Grantor shall not erect any structure 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 1,301 square feet (0.03 acres) of land, more or less, as shown on Exhibit D. The undersigned does hereby expressly covenant that Grantor is the owner in fee of the real estate and has good titke 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, lawa this �day of � G� �' 2018. B&M PROP RTIES & STORAGE, LLC gy: •:�. ,/' Its � � S NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: / On this �� day of�,OGy�L?��I.�JL�A.D., 2018 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared� � /�� '1 , to me known, who acknowledged that he is the ✓� ��i � � of B&M Propertie & Storage, LLC, that he is authorized to executed this Grant of Easement on behalf of B&M Properties & Storage, LLC, and that he executed the same as his voluntary act and deed on behalf of B& Properties & Storage, LLC. �, i Notary P lic In and For th S te o owa 11 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. 361-18 ACCEPTING GRANTS OF EASEMENTS THROUGH CERTAIN REAL PROPERTY OWNED BY B&M PROPERTIES & STORAGE, LLC. IN THE CITY OF DUBUQUE, IOWA FOR THE BEE BRANCH RAILROAD CULVERTS PROJECT Whereas, the City of Dubuque (City) has entered into a Purchase Agreement with B&M Properties & Storage, LLC. (Owner) for the acquisition of a permanent storm sewer easement, a temporary access and storage easement, and a temporary construction easement through certain real property owned by Owner at its 525 E. 19th Street property legally described as Lots 1-1-B and 1-2-B in Mineral Lot 100 and 5-2-2- 2, 6-2-2-2, and 2-1-1 in Mineral Lot 106, and Lot 12 in East Dubuque Addition as shown on the Grant of Permanent Storm Sewer Easement, Grant of Temporary Access and Storage Easement, and Grant of Temporary Construction Easement (the Easements) attached hereto for the purpose of constructing, operating, and maintaining the Bee Branch Railroad Culverts Project, a storm water management project; and Whereas, the City Council finds that it is the best interest of the City of Dubuque to accept the Easements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby accepts the Easements. Section 2. That the City Clerk be and is hereby authorized and directed to cause the Easements to be recorded in the office of the Dubuque County Recorder, together with a certified copy of this Resolution. Passed, approved and adopted this 3rd day of December 201,x°. Roy D. Buol, Mayor Attest: KevV S. Firnstahl, City Clerk Prepared by: Nake Kieffer,City of Dubuque.50 W. 13'"Street. Dubuque, lowa 52001 (563)589-4270 Retum to: Nate Kiefer, City of Dubuque, 50 W. 13t"Street, Dubuque, lowa 52001 (563)589-4270 GRANT OF PERMANENT STORM SEWER EASEMENT For and in consideration of the sum of Ten Dollars ($10.00} and other good and valuabfe consideration, the receipt whereof is hereby acknowledged, B&M PROPERTIES & STORAGE, LLC (Grantor) of Dubuque County, State of lowa, 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 d'ate hereof, a permanent access easement for the Upper Bee Branch Creek Restoration Project through and across that portion of the following described real estate situa#ed in Dubuque, lowa, to wit: Lot 5-2-2-2 of Mineral Lot 106 in the City of Dubuque, Dubuque County, lowa shown on the attached Exhibit A (the "Easement Area") and is for the purpose of: Constructing, operating, maintaining, repairing, inspecting, improving, or replacing underground storm sewer facilities Grantee shall protect existing structures, pavement and utilities in the Easement Area. Grantor shall not erect any structure in the Easement Area that will inhibit the use and access of Grantee. Grantor shall not park or store equiprnent in the Easement Area during any time that Grantee has notified Grantor that Grantee intends to use and access the Easement Area for the purposes described above provided that Grantee shall give Grantor at least 48 hours prior notice of Grantee's intended use of access of the Easement Area. Subject to the limitation in the preceding sentence, following completion of construction of the underground storm sewer facilities, Grantee may park vehicles and place 082818ba1 equipment, materials and snow in the Easement Area. Grantee shall construct the easement facilities to be placed in the Easement Area in such a manner fhat said easement facilities will have a capacity to support loadings by a 400 ton crane (2011 Terex, Model No. DEMAG as identified in the project plans). Grantee shafl refrain from removing fallen snow from the Easemen# Area to any property owned by Grantor including any property owned by Grantor made subject to temporary access or construction easements. 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. Grantee may remove the existing security fencing located in the Easement Area, provided, however, that Grantee shall concurrently install ternporary replacement security fencing comprised of chain link fence with three rows of barbed wire, which replacement security fencing shall prohibit access to all of Grantor's property. Grantee shall secure Grantor's prior approval of the specifications and location of the replacement security fencing, which approval shall not be unreasonably withheld. Following completion of the installation of the underground storm sewer facilities, Grantee shall remove the temporary security fencing and install permanent security fencing comprised of chain link fence with three rows of barbed wire in the locations from which Grantee removed the original fencing. Grantee shall secure Grantor's prior approval of the specifications and location of the permanent security fencing, which approval shall not be unreasonably withheld. It is understood and agreed that Grantee herein shall restore the Easement Area to its original condition if it becomes disturbed or darnaged during the use of the easement. The Easement Area contains approximately 8,690 square fest (0.20 acres) of land, more or less, as shown on Exhibit A. To have and to hold unto the City of Dubuque, lowa, 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, shalf at all times have free access to and egress from and over said real estate. � Dated at Dubuque, lowa #his � day of�,"� ,��?��.,, 2018. B&M PROPERTIES & STORAGE, LLC � � By: � � , -�-�. �ts ��'',,� - ;;� ti�-r�; _._,.- -�; , , NOTARY PUBLIC STATE OF 101NA, COUNTY OF DUBUQUE, SS: ,,,__ On this ! �` d'ay of;�` _^�%``_ .:�� ,�-,4.D., 2018 before me, the undersigned, � a Notary Public in and for said County, in said State, personally appeared `�r ✓:�_1 ._. �� ,�s.`r;�u, to me known, who acknowledged that he is the `y � �;�:. -;��,,�%'� of B&M Properties & Storage„ LLC, that he is authorized to execute this Grant of Easement on behalf of B&M Properties & Storage, LLC, and that he executed the sarne as his voluntary act and deed on behalf of B&M Properties & Storage, LLC. � � � ;1 ,�,�'� r�: r � _ - .�__ 4 Notary ublic In and F�r e ate of fowa F:\Users\tsteckle\Lindahl\BEE BRANCH\Bee Branch Railroad\Grant of Permenant Easement HWY 151-61 Development 082418bal.docx 3 (563) 556-2464 DUBUQUE, IOWA 4155 PENNSYLVANIA AVE PREPARED BY: PERMANENT EASEMENT EXHIBIT A PERMANENT EASEMENT ACROSS PART OF LOT 5-2-2-2 OF MINERAL LOT 106 IN THE CITY P.O.B. SW CORNER LOT 1 BEE BRANCH SUB. NO. 11 WEST LINE OF LOT 5-2-2-2 OF MINERAL LOT 106 NOTE THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD AND NOT OF RECORD. SOUTH LINE OF BEE BRANCH SUB. NO. 11 • es) OF DUBUQUE, IOWA G\-\ 0 Sr�.06'56IfE 44.00 i SE ORNER L 2 BRANCH NO. 11 (31 PERMANENT EASEMENT 8,690 SQ. FT. +/- 1ca \\,) 1�° EXISTING BUILDING i xti EXISTING, BUILDING _r,��ui�IIIIII�u��,.. NORTH GRAPHIC SCALE 0 30 60 QC) J7_ ,__. Q- DRAWING MAY HAVE BEEN REDUCED C, Q Q7- ON TOTAL EASEMENT 8,690 SQ. FT. +/- EX BEE BRANCH 3,752 SQ. FT. +/- NEW EASEMENT 4,938 SQ. FT. +/- W'LY RIGHT OF WAY LINE CP RAILWAY LEGEND - - - - LOT LINE \ \ \ \ \ BUILDING LINE - PROPOSED EASEMENT LINE P.O.B. POINT OF BEGINNING ML MINERAL LOT PROPRIETOR: B&M PROPERTIES AND STORAGE, LLC PREPARED FOR: CITY OF DUBUQUE DATE PREPARED: JANUARY 24, 2018 W, P.0 11 INTEGRITY. EXPERTI SE.SOLUTIONS www.iiwengr.com . 800.556 4491 DRAWN SAF CHECKED CLG DATE 1-17-18 ARCHITECTURE CIVIL ENGINEERING CONSTRUCTION SERVICES ENVIRONMENTAL ENGINEERING LAND SURVEYING MUNICIPAL ENGINEERING STRUCTURAL ENGINEERING TRANSPORTATION ENGINEERING PLAT NO. 1—IA-18 PROJ. NO. 06169 SHEET 1 of 2 P:\06\169\169-02\DRAWINGS\SUR\06169 B&M 1'RVrCRIIno rcnm LMJCI ARCHITECTURE CIVIL ENGINEERING CONSTRUCTION SERVICES ENVIRONMENTAL ENGINEERING LAND SURVEYING MUNICIPAL ENGINEERING STRUCTURAL ENGINEERING TRANSPORTATION ENGINEERING INTEGRITY.EXPERTISE.SOLUTIONS IIW, P.C. 4155 PENNSYLVANIA AVE DUBUQUE, IOWA 52002 Prepared by: Nate Kieffer,City of Dubuque,50 W. 13'"Street, Dubuque, lowa 52001 (563)589-4270 Return to: Nate Kiefe�,City of Dubuque,50 W. 13`"Street,Dubuque, lowa 52001 (563)589-4270 GRANT OF TEMPORARY ACCESS EASEMENT AND TEMPORARY STORAGE AGREEMENT For and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, B & M PROPERTIES & STORAGE, LLC (Grantor) of Dubuque County, State of lowa, 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 access easement for the Upper Bee Branch Creek Restoration Railroad Culvert Project through, under and across that portion of the following described real estate situated in Dubuque, lowa, to wit: Parts of Lots 1-1-B and 1-2-B in Mineral Lot 100 and 5-2-2-2, 6-2-2-2 and 2-1-1 in Mineral Lot 106, and Lot 12 in East Dubuque Addition all in the City of Dubuque, Dubuque County, lowa shown on the attached Exhibit C (the "Easement Area") and is for the purpose of: (i) Providing ingress and egress by Grantee and Grantee's contractors across the Easement Area to and from the public right of way and the land located easterly of the Easement Area to be utilized by Grantee in connection with the Upper Bee Branch Creek Restoration Project in accordance with the plans and specifications on file in the office of the City Engineer; and (ii) Staging on that portion of the Easement Area located easterly of the temporary security fence shown on Exhibit C to be utilized by Grantee in connection with the Upper Bee Branch Creek Restaration Project in accordance with the 1 (iii) plans and specifications on file in the office of the City Engineer. Grantee shall protect existing struCtures, pavement and utilities in the Easement Area. Grantee shall refrain from �arking vehicles or storing equipment in that portion of the Easement Area described in subparagraph (i). Grantee shall construct a temporary security fence in the location shown on Exhibit C, which temporary security fence shall be comprised of a chain link fence with three (3) rows of barbed wire. Grantor shall not erect any structure in the Easement Area during the specified period of use by Grantee that will inhibit the access of Grantee. Grantor shall not park or store equipment in the Easement Area during any time that Grantee has notified Gran�or that Grantee intends to access the Easement Area, which parking or starage would prevent exercise by Grantee of the rights conveyed herein. Grantee shall provide 30 days priar notice to Grantor when the easement will be utilized, providing approximate beginning and end dates. Grantor reserves the right to use the Easement Area for purposes which will not interFere with Grantee's enjoyment of the rights hereby granted. Grantee acknowledges that Grantor will be materially inconvenienced by Grantee's use of the Easement Area and as such Grantee shall endeavor to limit its use of the Easement Area to minimize the impact on Grantor. Without limiting the generality of the foregoing, Grantor shall not be required to relocate equipment, materials or vehicles located in the Easement Corridor unless failure to do so would materially impact Grantee's use of the Easement Area. In addition to the 30 days prior notice referenced in the preceding paragraph Grantee and Grantee's contractors shall provide 48 hour notice to Grantor for access required for material and equipment deliveries through the Easement Area located westerly of the temporary security fence shown on Exhibit C. Grantee acknowledges that Grantor maintains a security gate westerly of the Easement Area (the "Westerly Security Gate"). Grantor and Grantee shall each maintain a separate lock for the Westerly Security Gate and Grantee shall provide Grantor with a copy of the key for the lock maintained by Grantor. Grantee shall ensure that its contractors lock the Westerly Security Gate at the end of each work day to the extent that Grantor or Grantor's employees are not present. Grantee shall provide a secured storage area (the "Secured Storage Area") for Grantor's exclusive use throughout the duration of the Upper Bee Branch Creek Restoration Project of approximat�ly 7,600 square feet at 420 GarField Avenue as shown on Exhibit B. Grantee shall construct and maintain a chain link security fence with three rows of barbed wire on the boundary of the Secured Storage Area. Grantee shall haul away snow from the area identified on Exhibit B 2 throughout the duration of the Upper Bee Branch Creek Restoration Project as necessary. 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 and any surrounding buildings or �mprovements to their original condition if they become 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. Upon said completion and acceptance and upon request from Grantor, Grantee shall issue a written termination cf this easement recordable with the Dubuque Courty, lowa Recorder. The Easement Area contains approximately 5,900 square feet (0.135 acres) of land, more or less, as shown on Exhibit C. The undersigned does hereby expressly covenant that Grantor is the owner in fee of the rea! estate and has goad title to the real estate, and that Grantee, its agents or contractors, shall, subject to the limitations set forth herein, have free access to and egress from and over said real estate while the easement is in effect. , Dated at Dubuque, lowa this _1�day of : t,!'v� l�� ' - , 2018. B&M PROPERTIES & STORAGE, LLC , I B)/: � �" Its ` � �6 NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this � day of ��'�P �A.D., 2018 before me, the undersigned, Notary Public in and for said County, in said State, personally appeared � ��i,� • da�iC�� , to me known, who acknowledged that he is the of B&M Properties & Storage, LLC, that he is authorized to executed this Grant of Easement on behalf of B&M Properties & Storage, LLC, and that he executed the same as his voluntary act and deed on behalf of B&M Properties & Storage, LLC. 3 Notary ublic In and For S te of lowa FWsers\Isteckle�LinEaM1l\8EE BRHNCH\Bee Banc�RailroaO�GranlofTempoary Easemenl HVJT t5t�61 Development�824iBbalEou � Prepared by: Nate Kieffer,City of Dubuque,50 W. 13`"Street, Dubuque, lowa 52001 (563)589-4270 Return 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 Ten Dollars ($10.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, B&M PROPERTIES & STORAGE, LLC (Grantor) of Dubuque County, State of lowa, 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 construction easement for the Upper Bee Branch Creek Restoration Railroad Culvert Project through, under and across that portion of the following described real estate situated in Dubuque, lowa, to wit: Part of Lot 5-2-2-2 of Mineral Lot 106 in the City of Dubuque, Dubuque County, lowa shown on the attached Exhibit D and is for the purpose of: Installing below-grade tie-backs for a temporary soil retention system in order to construct underground storm sewer facilities in connection with the Upper Bee Branch Creek Restoration Project in accordance with the plans and specifications on file in the office of the City Engineer. Said ti�-backs will be installed approximately 8 feet below finished floor elevation of the existing building and will be abandaned in place. Grantee shall protect existing structures, pavement and utilities in the easement area. Grantee shall further install said tie-backs from the exterior of any buildings located in the easement area and shall not utilize or otherwise disturb the interior of any existing buildings or improvements. Grantor may continue to utilize th� easement area as indoor storage throughout the duration af the Upper Bee Branch Creek Restoration Project. 082818ba1 Grantor shall not erect any structure 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 apprcval 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 1,301 square feet (0.03 acres) of land, more or less, as shown on Exhibit D. 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, lowa this �day of � `' ' - , 2018. B&M PROPERTIES & STORAGE, LLC � gy: ;� . ,�� .�� Its � � � `. NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this � day of �'u��d�• `?- �A.D., 2018 before me, the undersigned, Notary Public in and for said County, in said State, personally appeared � � '- ��'�,�� , to me known, who acknowledged that he is the ' 1� � � , Z_ of B&M Properties & Storage, LLC, that he is authorized to executed this Grant of Easement on behalf of B&M Properties & Storage, LLC, and that he executed the same as his voluntary act and deed on behalf of B&M Properties & Storage, LLC. � Notary Public In an F. r the State of lowa F:\Users\tsteckle\Lindahl\BEE BRANCH\Bee Branch Railroad\Grant of Temporary Easement HWY 151-61 Development 082418bal.docx 2 11/12!21116 15:18 553585153E EXHIBIT A GRANT OF PERMANENT STORM SEWER EASEMENT Prepared by: Nato Kieffer, City of Dubuque, 50 W. 13" Street, Dubuque, Iowa 52001 (563)559-4270 Return to: Nate Kiefer, City of Dubuque. 50 W. 13" Street, Dubuque, Iowa 52001 (563)589-4270 GRANT OF PERMANENT STORM SEWER 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, B&M PROPERTIES & STORAGE, 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 access easement for the Upper Bee Branch Creek Restoration Project through and across that portion of the following described real estate situated in Dubuque, Iowa, to wit: Lot 5-2-2-2 of Mineral Lot 106 in the City of Dubuque, Dubuque County, Iowa shown on the attached Exhibit A (the "Easement Area') and is for the purpose of: Constructing, operating, maintaining, repairing, inspecting, improving, or replacing underground storm sewer facilities Grantee shall protect existing structures, pavement and utilities in the Easement Area. Grantor shall not erect any structure in the Easement Area that will inhibit the use and access of Grantee. Grantor shall not park or store equipment in the Easement Area during any time that Grantee has notified Grantor that Grantee intends to use and access the Easement Area for the purposes described above provided that Grantee shall give Grantor at least 48 hours prior notice of Grantee's intended use of access of the Easement Area. Subject to the limitation in the preceding sentence, following completion of construction of the underground storm sewer facilities, Grantee may park vehicles and place 082818ba1 PAGE 10/21 11/12/2818 16:18 5635651686 PAGE 11/21 equipment, materials and snow in the Easement Area. Grantee shall construct the easement facilities to be placed in the Easement Area in such a manner that said easement facilities will have a capacity to support loadings by a 400 ton crane (2011 Terex, Model No. DEMAG as identified in the project plans). Grantee shall refrain from removing fallen snow from the Easement Area to any property owned by Grantor including any property owned by Grantor made subject to temporary access or construction easements. 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. Grantee may remove the existing security fencing located in the Easement Area, provided, however, that Grantee shall concurrently install temporary replacement security fencing comprised•of chain link fence with three rows of barbed wire, which replacement security fencing shall prohibit access to all of Grantor's property. Grantee shall secure Grantor's prior approval of the specifications and location of the replacement security fencing, which approval shall not be unreasonably withheld. Following completion of the installation of the underground storm sewer facilities, Grantee shall remove the temporary security fencing and install permanent security fencing comprised of chain link fence with three rows of barbed wire in the locations from which Grantee removed the original fencing. Grantee shall secure Grantor's prior approval of the specifications and location of the permanent security fencing, which approval shall not be unreasonably withheld_ 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 contains approximately 8,690 square feet (0.20 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 egress from and over said real estate. 5 11'12/2016 16:18 5E35851686 PACE 12/21 Dated at Dubuque, Iowa this a day of STATE OF IOWA, 2V F4 Or/Z2o 18. B&M PROPERTIES & STORAGE, LLC NOTARY PUBLIC COUNTY OF DUBUQUE, SS: On this ri 1 day of 12 2 8 A.D., 2018 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared i?nl lel' /fl tt , to me known, who acknowledged that he is the f�ilt+415A6f of B&M Properties & Storage, LLC, that he is authorized to execute this Grant of Easement on behalf of B&M Properties & Storage, LLC, and that he executed the same as his voluntary act and deed on behalf of B&M Properties & Storage, LLC, ot� KAREN HOEFIER � Commission Number 775245 �? My Com 's E as Notary (Public In and,tto) the State of Iowa 6 O 0 = �I\ Z W + + J IX I— i..- W Z �+ W W Z IZ U p m N N N? F M w p 00 Z W W F Q U II Q o) 0 m 0 O = (o z Q m Z LLI z p O ▪ Q o ¢ z= .oa1-ce _- M wU~ 1 0Zz X z� 0 Waw �maa0.M Z Qo Z coceM ONXZ 0 < Wm (n - m U Q W Q I . O J Hwm LLID 5.5 J w I L.L. u) LLIpmCO OX W I i 0 L ��AA ��b I- w Z c �� N�/� A/ m r til ¢ U 'c.4) - }3w3 N �\•66S ,�. JI.,ZQ V 30_cc LC) ,r• •o a M46/�ZeS ✓ J y20y Oum. + W j0i to L 0 rO�OJ WWO aco ce Cern mWW0 Q D W W in 0 CL fai Ol. 000 (n LL O x01- ~QU m1W W W Z Q W0 WI WJ Tx • ▪ J 00- ' Z M Q w¢O Ce Ce -ImZ�0- - )- I - Z 2wm ,\gip / / // 3� • (n ]i Oma �,Z N , / / / OO 0 w / / m F // ~ vi I ct W � 1\0e )7 3Wm r. WFcO ! ! Z �O� m>ixO Q mo: -2: > 0� Z ac,0a0 0 1 <0 i / MWQD NCEs- \ i Z W CO zNzo - --- >- En J > N 0 0 wm I - J U 0 u, m(n I-1mi_ XZPO 30 Nmxw O ZI-WHO 49*Z-9SS (£95) VMOI '3000Of10 3AV VINVAIASNN3d SSLb "O'd 'Mll cA0 O3HVd32ld PREPARED BY: IIW, P.C. 4155 PENNSYLVANIA AVE DUBUQUE, IOWA (563) 556-2464 EXHIBIT A PERMANENT STORM SEWER EASEMENT ACROSS PART OF LOT 5-2-2-2 OF MINERAL LOT 106 IN THE CITY OF DUBUQUE, IOWA LEGAL DESCRIPTION A permanent easement located across part of 5-2-2-2 of Mineral Lot 106 in the City of Dubuque, Iowa, more particularly described as follows: Beginning at the Southwest Corner of Lot 1 of Bee Branch Subdivision No. 11; Thence North 77 degrees 14 minutes 37 seconds East along the south line of said Bee Branch Subdivision No. 11, 178.47 feet; Thence North 77 degrees 06 minutes 56 seconds East continuing along said south line, 44.00 feet to the west right of way line of the Canadian Pacific Railway and Southeast Corner of Lot 2 of Bee Branch Subdivision No. 11; Thence South 22 degrees 11 minutes 29 seconds West along said west right of way line, 125.99 feet; Thence North 50 degrees 47 minutes 44 seconds West, 41.51 feet; Thence North 18 degrees 47 minutes 34 seconds West, 52.54 feet; Thence South 74 degrees 06 minutes 01 second West, 114.41 feet to the west line of Lot 5-2-2-2 of Mineral Lot 106; Thence North 24 degrees 10 minutes 16 seconds West along said west line, 25.00 feet to the Point of Beginning. Containing 8,690 square feet, more or less, and subject to easements, reservations, restrictions, and right—of—way record and not of record. PROPRIETOR: B&M PROPERTIES AND STORAGE, LLC PREPARED FOR: CITY OF DUBUQUE DATE PREPARED: JANUARY 24, 2018 revised: 8-29-18 . • 11 INTEGRITY.EXPERTISE.SOLUTIONS 9155 PENNSYLVANIA AVE ARCNITECTURE CIVIL ENGINEERING CONSTRUCTION SERVICES ENVIRONMENTAL ENGINEERING LAND SURVEYING MUNICIPAL ENGINEERING STRUCTUR. ENGINEERING R4VSPGRTATION ENGINEERING IOWA 52002 DRAWN JJB PLAT NO. 1—IA-18 CHECKED C1.G PROJ. NO. 06169 DATE 8-29-18 SHEET 2 of 2 P:\O6\169\169-02\ORAMMiGS\SUR\06169 8&Y 11/12/2018 16:18 563585164'6 GRANT OF TEMPORARY ACCESS EASEMENT AND TEMPORARY STORAGE AGREEMENT PAGE 13/21 Prepared by: Nate Kieffer, City of Dubuque, 50W. 13th Street, Dubuque, Iowa 52001 (563)589-4270 Return to: Nate Kiefer, City of Dubuque, 50 W. 13m Street, Dubuque, Iowa 52001 (563)589-4270 GRANT OF TEMPORARY ACCESS EASEMENT AND TEMPORARY STORAGE AGREEMENT For and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, 13 & M PROPERTIES & STORAGE, 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 access easement for the Upper Bee Branch Creek Restoration Railroad Culvert Project through, under and across that portion of the following described re& estate situated in Dubuque, Iowa, to wit: Parts of Lots 1-1-B and 1-2-B in Mineral Lot 100 and 5-2-2-2, 6-2-2-2 and 2-1-1 in Mineral Lot 106, and Lot 12 in East Dubuque Addition all in the City of Dubuque, Dubuque County, Iowa shown on the attached Exhibit C (the "Easement Area") and is for the purpose of: () Providing ingress and egress by Grantee and Grantee's contractors across the Easement Area to and from the public right of way and the land located easterly of the Easement Area to be utilized by Grantee in connection with the Upper Bee Branch Creek Restoration Project in accordance with the plans and specifications on file in the office of the City Engineer; and (11) Staging on that portion of the Easement Area located easterly of the temporary security fence shown on Exhibit C to be utilized by Grantee in connection with the Upper Bee Branch Creek Restoration Project in accordance with the 11/12/20318 16:15 5635851686 PAGE 14/21 (iii) plans and specifications on file in the office of the City Engineer. Grantee shall protect existing structures, pavement and utilities in the Easement Area. Grantee shall refrain from parking vehicles or storing equipment in that portion of the Easement Area described in subparagraph (i). Grantee shall construct a temporary security fence in the location shown on Exhibit C, which temporary security fence shall be comprised of a chain link fence with three (3) rows of barbed wire. Grantor shall not erect any structure in the Easement Area during the specified period of use by Grantee that will inhibit the access of Grantee_ Grantor shall not park or store equipment in the Easement Area during any time that Grantee has notified Grantor that Grantee intends to access the Easement Area, which parking or storage would prevent exercise by Grantee of the rights conveyed herein. Grantee shall provide 30 days prior notice to Grantor when the easement will be utilized, providing approximate beginning and end dates. Grantor reserves the right to use the Easement Area for purposes which will not interfere with Grantee's enjoyment of the rights hereby granted. Grantee acknowledges that Grantor will be materially inconvenienced by Grantee's use of the Easement Area and as such Grantee shall endeavor to limit its use of the Easement Area to minimize the impact on Grantor. Without limiting the generality of the foregoing, Grantor shall not be required to relocate equipment, materials or vehicles located in the Easement Corridor unless failure to do so would materially impact Grantee's use of the Easement Area. In addition to the 30 days prior notice referenced in the preceding paragraph Grantee and Grantee's contractors shall provide 48 hour notice to Grantor for access required for material and equipment deliveries through the Easement Area located westerly of the temporary security fence shown on Exhibit C. Grantee acknowledges that Grantor maintains a security gate westerly of the Easement Area (the "Westerly Security Gate'). Grantor and Grantee shall each maintain a separate lock for the Westerly Security Gate and Grantee shall provide Grantor with a copy of the key for the lock maintained by Grantor. Grantee shall ensure that its contractors lock the Westerly Security Gate at the end of each work day to the extent that Grantor or Grantor's employees are not present. Grantee shall provide a secured storage area (the "Secured Storage Area") for Grantor's exclusive use throughout the duration of the Upper Bee Branch Creek Restoration Project of approximately 7,600 square feet at 420 Garfield Avenue as shown on Exhibit B. Grantee shall construct and maintain a chain link security fence with three rows of barbed wire on the boundary of the Secured Storage Area. Grantee shall haul away snow from the area identified on Exhibit B throughout the duration of the Upper Bee Branch Creek Restoration Project as necessary. 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 and any surrounding buildings or improvements to their original condition if they become 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. Upon said completion and acceptance and upon request from Grantor, Grantee shall issue a written termination of this easement recordable with the Dubuque 082818bai 11/12/2018 16:18 5635851686 County, Iowa Recorder. PAGE 15/21 The Easement Area contains approximately 5,900 square feet (0.135 acres) of land, more or less, as shown on Exhibit C. 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, subject to -the -limitations set forth herein, have freeaccessto and egress from and over said real estate while the easement is in effect. Dated of Dubuque, Iowa this %ate day of AlavoGi,f 2018, R&M PROPERTIES & STORAGE, LLC By 44 p Its ` pfln/ intim NOTARY PUBLIC STATE OF IOWA, COUNTY OFADUBUQUE, SS: On this {Gf day of}]1/ A.p 2018 before me, the undersigned, a otary Public in and for said County, in said State, personally appeared Q/UL�--�//14/4795, to me known, who acknowledged that he is the n4 /3-6 of 13&M Properties & Storage, LLC, that he is authorized to executed this Grant of Easement on behalf of B&M Properties & Storage, LLC, and that he executed the same as his voluntary act and deed on behalf of B&M Properties & Storage, LLC. Not Public In ancj'gr theJState of Iowa 9 EXHIBIT C TEMPORARY ACCESS EASEMENT ACROSS PARTS OF LOTS 1-1—B AND 1-2—B IN MINERAL LOT 100 AND 5-2-2-2, 6-2-2-2 and 2-1-1 IN MINERAL LOT 106, AND LOT 12 IN EAST DUBUQUE ADDITION ALL IN THE CITY OF DUBUQUE, IOWA i OC)''‘ g° POH / ORNER OF ML 106 Temp Access Area \.OS O6 \ °� \0° \N24'24'29"E_ 13.33' E• Area No Longer Needed i \_S17'56'54"W 3.11' LEGEND - — LOT LINE Proposed Temp Security Fence J \ \ \ BUILDING LINE Temp Staging Area G U Qr C.) TEMPORARY ACCESS EASEMENT 7,218 SQ. FT. +/- NOTE THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD AND NOT OF RECORD. LOT & TEMPORARY EASEMENT AREA 12 470 SQ. FT 1-1-B 1,023 SQ. FT. 1-2-B 1,623 SQ. FT. 2-1-1 185 SQ. FT. 5-2-2-2 3,350 SQ. FT. 6-2-2-2 567 SQ. FT. TOTAL TEMP 7,218 SQ. FT. +/- .,IimIIII1IIII1111,„ NORTH GRAPHIC SCALE 0 30 60 1"=30' DRAWING MAY HAVE BEEN REDUCED PROPRIETOR: B&M PROPERTIES AND STORAGE, LLC PREPARED FOR: CITY OF DUBUQUE DATE PREPARED: JANUARY 24, 2018 REVISED: 8-27-18 ♦ . , ♦ LAND SURVEYINGMUNICIPAL ENGINEERING .GWiY,E%PERIIME.SOLUTION6 ' URAW1 SAF PLAT NO. 1-1A-18 CHECKED CLC PROJ. NO. 06169-02 DATE 8-27-18 SHEET 1 of 1 R.\06\169\169-02\ORA'MNGS \SUR\06189 888 /I ------- - 1/ / EXHIBIT B 9/13/18 Scale: 1" = 50' 13,X ...Alt Nit F Property Line (Typ.) Proposed Temporary Security Fence w/Barbed Wire and Gates to be in- stallectby Grantee Proposed Ternporary Sectmlityl, Fence to be installed 1:6), Grdntee Temporary Storage Area for Grantor, = 7,600 SF +/-. Grantee access re- quired to maintain nutri- ent seprating baffle boxes every 2 months from March 1st thru Octo- ber 31st for 2 hours. 48 hour notice for mainte- nance to be given by Grantee to Grantor. -41.• iikhdin_ E !NANO • / r 11/12/2018 16:18 5635851686 PAGE 1 6/ 21 EXHIBIT D GRANT OF TEMPORARY CONSTRUCTION EASEMENT Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563)589-4270 Return to: Nate Kiefer, City of Dubuque, 50 W. 13'" Street, Dubuque, Iowa 52001 (563)5894270 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, B&M PROPERTIES & STORAGE, LLC (Grantor) of Dubuque County, State of lowa, 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 construction easement for the Upper Bee Branch Creek Restoration Railroad Culvert Project through, under and across that portion of the following described real estate situated in Dubuque, Iowa, to wit: Part of Lot 5-2-2-2 of Mineral Lot 106 in the City of Dubuque, Dubuque County, Iowa shown on the attached Exhibit D and is for the purpose of: Installing below -grade tie -backs for a temporary soil retention system in order to construct underground stotrn .sewer facilities in connection with the Upper Bee Branch Creek Restoration Project in accordance with the plans and specifications on file in the office of the City Engineer. Said tie- backs will be installed approximately 8 feet below finished floor elevation of the existing building and will be abandoned in place. Grantee shall protect existing structures, pavement and utilities in the easement area. Grantee shall further install said tie -backs from the exterior of any buildings located in the easement area and shall not utilize or otherwise disturb -the interior of any existing buildings or improvements. Grantor may continue to utilize the easement area as indoor storage throughout the duration of the Upper Bee Branch Creek Restoration Project. 10 11/12/2018 16:18 5530851686 PASE.. 17/21 Grantor shall not erect any structure 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-nof 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 1,301 square feet (0.03 acres) of land, more or less, as shown on Exhibit D. 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 1 day of 1t Untie- 2018. El&M PR • • /1,. J /'lh i By. Its ERTIES & STORAGE, LLC NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this kr day o€/ // n/ A.D., 20 8 before me, the undersigned, a Notary Public in and for said County, In said State, personally appeared _ to me known, who acknowledged that he is the TY1 t`}alaq(9 of B&M Properties!& Storage, LLC, that he is authorized to executed this Grant of Easement on behalf of B&M Properties & Storage, LLC, and that he executed the same as his voluntary act and deed on behalf of :&M Properf-s & Storage, LLC. err Cl? Notary P blic In and For St St to of Iowa (563) 556-2464 DUBUQUE, IOWA 4155 PENNSYLVANIA AVE 0 PREPARED BY EXHIBIT TEMPORARY CONSTRUCTION EASEMENT FOR TIE -BACK INSTALLATION UNDER PART OF LOT 5-2-2-2 OF MINERAL LOT 106 IN THE CIT 1 OF DUBUQUE, IOWA / TEMPORARY CONSTRUCTION EASEMENT FOR 11E -BACK /� INSTALLATION 1,301 SQ. FT. +/- f p SE CORNER OF � /. LOT 5-2-2-2/ Z ML 106 • NOTE THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD AND NOT OF RECORD. ,11�ui�IIIIIHmi1... NORTH GRAPHIC SCALE 0 20 40 1"=20' DRAWING MAY HAVE BEEN REDUCED 0 LZ. 7- PROPOSED EASEMENT LEGEND ------- LOT LINE \ \ \ \ \ BUILDING LINE ML MINERAL LOT PROPRIETOR: B&M PROPERTIES AND STORAGE, LLC PREPARED FOR: CITY OF DUBUQUE DATE PREPARED: JANUARY 24, 2018 REVISED: 9-19-18 SAF JAN N ®e u IN I LNRI I Y. LXPER NSE.SOLUIIONS ARCHITECTURE CIVIL ENGINEERING CONSTRUCTION SERVICES ENVIRONMENTAL ENGINEERING LAND SURVEYING MUNICIPAL ENGINEERING STRUCTURAL ENGINEERING TR ANS'PORiaTIONEHGINEERING DRAWN SAF PLAT NO. 1 -IA -18 CHECKED CLG PROJ. NO. 06169 DATE 9-19-18 SHEET 1 of 1 P:\O6\169\169-02\DRAKINCS\SUR\06169 8&M Tnvrcn lmo Tcir CO nc-a+GA