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Acceptance of Grant of Easement for Water Main Utility over Tracy Property in Tamarack Park Copyrighted January 7, 2019 City of Dubuque Consent Items # 23. ITEM TITLE: Acceptance of Grantof Easementfor Water Main Utilityover Tracy Property in Tamarack Park SUMMARY: City Manager recommending acceptance of the Grant of Easement for Water Main Utility from William C. and Kay J. Tracy and William D. Tracy, Trustee of the William D. Tracy Revocable Trust for property located in Tamarack Park. RESOLUTION Accepting a Grant of Easement for Water Main Utility Through, Over and Across Part of Lot 2 Of Lot 2, Excepting Therefrom Lot A of Lot 2 of Lot 2, in the Southeast Quarter of Section 14, T88N, R2E of the 5th P.M., In Dubuque County, lowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File;Adopt Resolution(s) ATTACHMENTS: Description Type Acceptance of Grant of Easementfor Water Main Utility City Manager Memo from Tracy-MVM Memo Staff Memo Staff Memo Resolution Resolutions Signed Grant of Easement Supporting Documentation THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Acceptance of a Grant of Easement for Water Main Utility over Tracy Property in Tamarack Park, Dubuque, lowa Tamarack Park Water Main Extension Project 2018 DATE: December 28, 2018 City Engineer Gus Psihoyos recommends City Council acceptance of the Grant of Easement for Water Main Utility from William C. and Kay J. Tracy and William D. Tracy, Trustee of the William D. Tracy Revocable Trust for property located in Tamarack Park. The Grant of Easement for Water Main Utility is necessary to facilitate the construction of the Tamarack Park Water Main Extension Project 2018. I concur with the recommendation and respectfully request Mayor and City Council approval. �1.� ��.�, i�,� Mic ael C. Van Milligen �� � MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer THE CITY OF D���p�� .''- � � A�•�ha tih � 4...1 � � �x>., r.<,f ����� Masterpiece on the Mississippi 2�'`�41� 2013�2017 TO: Michael C. Van Milligen, City Mana FROM: Gus Psihoyos, City Engineer DATE: December 21, 2018 RE: Acceptance of a Grant of Easement for Water Main Utility over Tracy Property in Tamarack Park, Dubuque, lowa Tamarack Park Water Main Extension Project 2018 INTRODUCTION The purpose of this memorandum is to seek approval and acceptance of a Grant of Easement for Water Main Utility across William C. and Kay J. Tracy and William D. Tracy, Trustee Of The William D. Tracy Revocable Trust Dated December 15, 2016, property being Part of Lot 2 of Lot 2, excepting therefrom Lot A of Lot 2 of Lot 2, in the Southeast Quarter(SE '/o) of Section 14, Township 88 North, Range 2 East of the 5th Principal Meridian, Dubuque County, lowa as part of the Tamarack Park Water Main Extension Project 2018. The project is located along Highway 151/61 south toward the Dubuque Airport. This project will extend a 16-inch diameter water main, from the recently constructed Dubuque Regional Airport water main, across Highway 61 to Tamarack Park, and eventually create a loop with water main along the SW Arterial. BACKGROUND In 2016, the City installed water and sanitary sewer lines to the Dubuque Regional Airport. The 2�16 project plans included the installation of water main to Tamarack Park. However, rock was encountered at the proposed crossing and the water line was not constructed due to insufficient funding to complete the project through rock. DISCUSSION The proposed project supports the pre-annexation agreement the City has in place with the Tamarack Park subdivision owner, Jon D. Luckstead, dated 17t" October 2016. Per the agreement, the City is to install a 16-inch diameter water main across Highway 151/61 within two-years of the signed agreement. In addition, the owner presented a written request to the City in March 2017 for the City to implement a standard water distribution system in the frontage road of Tamarack. The project was presented for funding during the FY2019 budget process held in 2017, reflecting the increased expense associated with boring through rock. Funding was approved and the project was designed to meet the target date in the fall of 2018. The project has experienced a slight delay due to changes in the lowa Department of Transportation (IADOT) right of way location along highway 151/61, which determines where the water main is permitted. The delay has resulted in a change to the original completion date as the plans had to be modified to show a revised water main installation location meeting the IADOT's requirements. The Grant of Easement for Water Main Utility from Tracy is necessary to facilitate the construction of the project in the new location. The property owners are being compensated in the amount of $2,195.20 based on an easement agreement approved by Resolution No. 324-16. Compensation is funded by CIP No. 7402745 —Tamarack Frontage Water Main. RECOMMENDATION I recommend accepting the Grant of Easement for Water Main Utility through, over and across part of Part of Lot 2 of Lot 2, excepting therefrom Lot A of Lot 2 of Lot 2, in the Southeast Quarter(SE '/) of Section 14, Township 88 North, Range 2 East of the 5th Principal Meridian, Dubuque County, lowa, as shown on the attached Grant of Easement document to facilitate the construction o�F fihe Tarnarack Par�k Water Main Extension Prajecfi 2018. ACTION TO BE TAKEN I respectfully request acceptance of the Grant of Easement for Water Main Utility from William C. and Kay J. Tracy and William D. Tracy, Trustee of The William D. Tracy Revocable Trust Dated December 15, 2016 through the adoption of the enclosed resolution. Prepared by Nate Kieffer, PLS cc: Denise Ihrig, Water Department Manager Brant Schueller, Water Distribution Supervisor 2 Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque IA 52001 (563) 589-4270 Return to: Kevin S. Firnstahl, City Clerk, City of Dubuque 50 W. 13th Street Dubuque IA 52001 (563) 589-4121 RESOLUTION NO. 13-18 ACCEPTING A GRANT OF EASEMENT FOR WATER MAIN UTILITY THROUGH, OVER AND ACROSS PART OF LOT 2 OF LOT 2, EXCEPTING THEREFROM LOT A OF LOT 2 OF LOT 2, IN THE SOUTHEAST QUARTER OF SECTION 14, T88N, R2E OF THE 5TH P.M., IN DUBUQUE COUNTY, IOWA, Whereas, WILLIAM C. AND KAY J. TRACY AND WILLIAM D. TRACY, TRUSTEE OF THE WILLIAM D. TRACY REVOCABLE TRUST DATED DECEMBER 15, 2016, have executed a Grant of Easement for Water Main Utility through, over and across Part of Lot 2 of Lot 2, excepting therefrom Lot A of Lot 2 of Lot 2, in the Southeast Quarter (SE '/) of Section 14, Township 88 North, Range 2 East of the 5th Principal Meridian, Dubuque County, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Easement for Water Main Utility through, over and across Part of Lot 2 of Lot 2, excepting therefrom Lot A of Lot 2 of Lot 2, in the Southeast Quarter (SE '/) of Section 14, Township 88 North, Range 2 East of the 5th Principal Meridian, Dubuque County, Iowa as shown on the Grant of Easement for Water Main, from WILLIAM C. AND KAY J. TRACY AND WILLIAM D. TRACY, TRUSTEE OF THE WILLIAM D. TRACY REVOCABLE TRUST DATED DECEMBER 15, 2016, a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Section 3. The City Clerk is hereby authorized to and directed to record this resolution and Grant of Easement for Water Main Utility with the Dubuque County Recorder. Passed, approved and adopted this 7th day of January 2019. Attest: Kevin/S. Firnsta , C C, City Clerk Roy D. Buol, Mayor Y 11 11 111 11 11 11 11 V 11 Doc ID: 010230840007 Type GEN Kind: EASEMENT Recorded: 01/08/2019 at 03:37:10 PM Fee Amt: $37.00 Page 1 of 7 Dubuque County Iowa John Murphy Recorder Fire2019-00000326 Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563)589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563)589-4270 GRANT OF EASEMENT FOR WATER MAIN UTILITY For and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, WILLIAM C. AND KAY J. TRACY AND WILLIAM D. TRACY, TRUSTEE OF THE WILLIAM D. TRACY REVOCABLE TRUST DATED DECEMBER 15, 2016 of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, a municipal corporation, its agents and contractors, from the date hereof, rights of ways and easements through, under and across the following described real estate situated in Dubuque, Iowa, to wit: Part of Lot 2 of Lot 2, excepting therefrom Lot A of Lot 2 of Lot 2, in the Southeast Quarter (SE '/) of Section 14, Township 88 North, Range 2 East of the 5th Principal Meridian, Dubuque County, Iowa. Said easement shall be as shown on the attached Exhibit A for the purpose of constructing and maintaining water main utilities and other appurtenances, along with the right, privilege and authority to construct, reconstruct, maintain, operate, repair, patrol and remove said improvements. Said easement shall also include the right to cut, trim or remove trees, bushes and roots as may be required incident to rights given herein. Together with the right to enter upon said property and occupy the temporary easement area as shown on the attached Exhibit B during the period of construction until the project is accepted by City Council. It is understood and agreed that the Grantee herein shall restore the disturbed area due to the construction, maintenance or repair of said water main and other appurtenances. Grantor shall not erect any structure over or within the easement area without obtaining the prior written approval of the City Engineer. Grantor shall not 4 n 6 n-ri h� change the grade, elevation, and contour or perform any construction or excavation that will diminish the lateral support or integrity of said improvements without obtaining the prior written consent of the City Engineer. To have and to hold unto the said City of Dubuque, Iowa, forever, and the undersigned do hereby expressly covenant that they are the owners in fee of said real estate and have good right to execute this agreement, and that the Grantee, its agents or contractors, shall at all times have free access to and egress from and over said real estate to maintain or repair said water main utilities thereon or therein. Dated at Dubuque, Iowa this Pi day of a,, , 2018. By: r r William D. Tracy, a/ /a William Trustee of the William D. Revocable Trust dated December 15, 2016 NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this )9 day of't:le.c.c,,,,b,,. , A.D., 2018 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared William D. Tracy, Trustee of the William D. Revocable Trust dated December 15, 2016, to me known to be the identical person(s) named in and who executed the within and foregoing instrument, to which this is attached, and acknowledged that they executed the same as their voluntary act and deed. Nota For Said State Ccrrrr, NurttNr 76&837 My Comm. Esp• It^^i1 A? By: illiam C. Tracy NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this ey day ofd . Vag, , A.D., 2018 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared William C. Tracy to me known to be the identical person(s) named in and who executed the within and foregoing instrument, to which this is attached, and acknowledged that they executed the same as their voluntary act and deed. 1 fy f 1?\ E . TRACY Ccrratios:on °,?uirher756'337 My Co nt Exp, nnr^ar�.sm..axu STATE OF IOWA, COUNTY OF DUBUQUE, SS: By: Notary - For Said State NOTARY PUBLIC On this 1t1 day ofTx( �,� , A.D., 2018 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Kay J. Tracy to me known to be the identical person(s) named in and who executed the within and foregoing instrument, to which this is attached, and acknowledged that they executed the same as their voluntary act and deed. Notary Pu r Said State rrmis!ars Nuirher 76LE37 mr . E p, tvrrz PREPARED BY: Dan Hingtgen, L.S. 14052 WHKS & co. 1701 Route 35 North East Dubuque, IL 61025 TeL (815) 747 EXHIBIT A for A PERMANENT UTILITY EASEMENT FOR WATER MAIN LOCATED IN LOT 2 OF LOT 2, EXCEPTING THEREFROM LOT A OF LOT 2 OF LOT 2, IN THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 14, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH PRINCIPAL MERIDIAN, DUBUQUE COUNTY, IOWA PROPERTY OWNER: William D. Tracy Revocoble Trust (75%) and William Craig & Kay J. Tracy (25%) SUcRiVtyEY0fRE0QuUbuE,SuTeED BY: FIELD SURVEY CONDUCTED ON: 08/28/16 85' 13 r , r / , , / .. , NORTH ' 1 ...,, / efr SCALE 1" = 150' cr / 1.m...........1 .2.) 101 GlItA I LEGEND 150' „ ..„?. / / o(G, 2;2. Cfi l‘'\ A SECTION CORNER r.'" v SET MAG NAIL IN go ..tP / ENTIRE CURVE HMA PAVEMENT , ' S 52°01'14' E R =815.00' 0 FOUND MAG NAIL , . 60,0' 286.20' L=428.08' / Ten = 219.10 n FOUND 5/8" ROAR ---' / N 52°01'14"W A = 30'05'41" s' with CAP NO. 12631 0 , I e"er', 273.49' 66036106 / 'ilf.y. 423.18' 0 rwCIVINEC)AVII,310.8gg •.-. ..,...„ i C . 150' FIELD MEASUREMENT / os.o') PREVIOUSLY RECORDED ak ‘5 / r .... " --•---- HICEIWAY 61/151 ROW // ,,o SW ARTERIAL 5018 4' e,,,, 0 0 t, --- PROPOSED WATER MAIN ,.. ---- / .. .r. -,/ ,f,-- FENCE LINE 2-72-21 PERMANENT UTILITY EASEMENT _ „_, -.‘ \ -' -; [7,71.7.1 TEMPORARY UTtLITY EASEMENT sest ''' .,-..- ( STA.4 7+17.1 U140' SOUTHERLY CORNER OF LOT 2-2, , , 14 v•-•'' EXCEPTING THEREFROM LOT A-2-2 ' ii,. PERMANENT EASEMENT \S) - . ' 5.868 Square Feet 0.13 Acros .. R = 81500' L=61.44' ./,':1 7 „.; 7fi it UTA. 494+67.1 4.240' Tan =30.73' A =49909" N 73'29'26" E 61.42' i —14 4-- --NE 1/4 — 'I 1 4 EASEMENT DESCRIPTION A PERMANENT UTILITY EASEMENT, 20.00 FEET IN WIDTH, FOR WATER MAIN, LOCATED IN LOT 2 OF LOT 2, EXCEPTING THEREFROM LOT A OF LOT 2 OF LOT 2, IN THE SOUTHEAST QUARTER (SE 1/4) OF -SW i 1/4-- 1 --- ------ 1 r SE 1/4 Easement SECTION 14, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH PRINCIPAL MERIDIAN, DUBUQUE Survey Location COUNTY, IOWA, BEING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: T88N R2E Commencing at the Southerly Corner of said Lot 2 of Lot 2; thence 61.44 feet Northeasterly along o 815.0 foot radius curve concave Northwesterly, having a 61.42 foot chord bearing NOTE: Basis of Bearing is NAD-83, lowo State NI 73'29'26' 8, along the Southeasterly Line of soid Lot 2-2 to the Point of Beginning; thence Plane Coordinate System, North Zone 1401, N 520114" W 273.49 feet to the Southeasterly Right-of-way Line of Highway 61 and there MOT Project No. STPN-32-1(10)--20-31. terminating. Said troct contains 5,868 square feet or (013 acres. hereby certify that this land surveying document was prepared ano the related survey work was performed cirR. ,y, ..-iis C. .• • .. l. by me or nailer my direct personal supervision and ..... <i).„•• • • „ ,,..C.,, that am a d ce sed Land Surveyor under the laws .:.' CZ . .." ".... of th - State , . • lf)...... • DANIEL J. • "-- " A1101. / EASEMENT EXHIBIT Drown by OH Project No.8640.00 Drawing Date: 94148 Drawing Nome:K:1864000-0RO WI to Tomorock\CAD\Boundory Sur .thrg :, : Z : HINGTGLNIE : Lo 1, Sow/ 9itt/./9 14052 • •,, : ..7 Dan Hingtgen, 717 Surveyor Date • .* .::• % *•••...•••• * License numbe (4052 ,.... , ',., lova *0 My registratii renewal date is December 31, 2018 ',,ffflitittIO'ss Pages or sheets covered by this seal: / t/caltii4 engineers* planners . land surveyors SHEET 1 of 1 PREPARED BY: Dan Hingt en, L.S. 14052 S & co. 1701 Route 35 North East Dubuque, 61025 Tel. (815)747-883 EXHIBIT B for A TEMPORARY CONSTRUCTION EASEMENT FOR WATER MAIN LOCATED IN LOT 2 OF LOT 2, EXCEPTING THEREFROM LOT A OF LOT 2 OF LOT 2, IN THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 14, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH PRINCIPAL MERIDIAN, DUBUQUE COUNTY, IOWA PROPERTY OWNER: William D. Tracy Revocable Trust (75%) and William Craig & Kay J. Tracy (257.) SURVEY REQUESTED BY: City of Dubuque FIELD SURVEY CONDUCTED ON: 08/28/18 / / 5 52'01'14° E 286.20' II 52°01'14" W 273.49' ENTIRE CURVE R.815.00' L =428.08' Tan .219.10' 30°05°41" N 60°36°10" E 423.18° 20.0' STA.497+17.1 1,114 SCALE 1" = 150' 0 25 75' 150' LEGEND ASECTION CORNER X HMA MPAAVEIAMN o FOUND MAC NAIL el FOUND 5/Er REBAR ss-, with CAP NO. 12631 n FOUND 5/8. REGAR - with CAP 190. 6505 15.0' FIELD MEASUREMENT ('15.07 PREVIOUSLY RECORDED HIGHWAY 61/151 ROW SW ARTERIAL ROW PROPOSED WATER MAIN FENCE UNE r j PERMANENT UTILITY EASEMENT fi TEMPORARY UTILITY EASEMENT SOUTHERLY CORNER OF LOT 2-2, EXCEPTING THEREFROM LOT A-2-2 R = 815.00' L.85.16° Tan .42.62' .5°59'12" S 72'39'24" W STA, 494+-67.1 040' //:( EASEMENT DESCRIPTION A TEMPORARY CONSTRUCTION EASEMENT FOR WATER MAIN LOCATED IN LOT 2 OF LOT 2, EXCEPTING THEREFROM LOT A OF LOT 2 OF LOT 2, IN THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 14, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH PRINCIPAL MERIDIAN, DUBUQUE COUNTY, IOWA, AS SHOWN ON THIS EXHIBIT. TEMPORARY EASEMENT 12,935 Square Feet 0.30 Acre! Survey Locaiior T88N R2E osemen t NOTE: Basle of Bearing le NAD -133. Iowa Stale Plane Coordinate System. North Zone 1401, 100T Project Na, STPN-32-1(10)-2c-31. c• YAGR. ..... • • Lir DANIEL J. HINGTGEN • < E 5 : 14052 z. -03',. • ...... 6. vvp, I hereby certify that this land surveying document was prepared and the recited survey work was performed by me or under my direct personal supervision and that I am a duly licensed Land Surveyor under the laws of the Stet lo 411P' Don Hingt. e Surveyor License n mbec 74052 My registration renewal date is December 31, Pages or sheets covered by this seat' .1 2018 EASEMENT EXHIBIT Drawn by. DH Project No.: 864D00 Drawing Date: 9/11/18 Drawing Name:K.. 113640.00-DBO 1M to Tamarack \CADOtnendary Surveydny engineers + planners. land surveyofs SHEET 1 of 1 Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 Return to: Kevin S. Firnstahl, City Clerk, City of Dubuque, 50 W. 13th Street Dubuque, IA 52001 (563) 589-4121 RESOLUTION NO. 13-18 ACCEPTING A GRANT OF EASEMENT FOR WATER MAIN UTILITY THROUGH, OVER AND ACROSS PART OF LOT 2 OF LOT 2, EXCEPTING THEREFROM LOT A OF LOT 2 OF LOT 2, IN THE SOUTHEAST QUARTER OF SECTION 14, T88N, R2E OF THE 5TH P.M., IN DUBUQUE COUNTY, IOWA, Whereas, WILLIAM C. AND KAY J. TRACY AND WILLIAM D. TRACY, TRUSTEE OF THE WILLIAM D. TRACY REVOCABLE TRUST DATED DECEMBER 15, 2016, have executed a Grant of Easement for Water Main Utility through, over and across Part of Lot 2 of Lot 2, excepting therefrom Lot A of Lot 2 of Lot 2, in the Southeast Quarter (SE '/) of Section 14, Township 88 North, Range 2 East of the 5th Principal Meridian, Dubuque County, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Easement for Water Main Utility through, over and across Part of Lot 2 of Lot 2, excepting therefrom Lot A of Lot 2 of Lot 2, in the Southeast Quarter (SE '/) of Section 14, Township 88 North, Range 2 East of the 5th Principal Meridian, Dubuque County, Iowa as shown on the Grant of Easement for Water Main, from WILLIAM C. AND KAY J. TRACY AND WILLIAM D. TRACY, TRUSTEE OF THE WILLIAM D. TRACY REVOCABLE TRUST DATED DECEMBER 15, 2016, a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Section 3. The City Clerk is hereby authorized to and directed to record this resolution and Grant of Easement for Water Main Utility with the Dubuque County Recorder. Passed, approved and adopted this 7th day of January 2019. Attest: f Kevin . FirnstafC C, City Clerk Roy D. Buol, Mayor CERTIFICATE of the CITY CLERK STATE OF IOWA ) ) SS: COUNTY OF DUBUQUE ) 1, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 13-19 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 8th day of January, 2019. Kevin Firnstahl, MC, ity Clerk