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Hillcrest Road - Rosemont Street Detention Basin Easement Agreement_Plastic Center, Inc. Copyrighted August 19, 2019 City of Dubuque Action Items # 4. ITEM TITLE: Hillcrest Road - Rosemont Street Detention Basin EasementAgreementwith Plastic Center, Inc. SUMMARY: City Manager recommending approval of an Easement Agreement to acquire an easement from Plastic Center, I nc. for the Hillcrest-Rosemont Detention Basin Project and acceptance of a Grant of Easement from Plastic Center, Inc. RESOLUTION Approving an EasementAgreement between the City of Dubuque, lowa and Plastic Center, Inc., and accepting the Grantof Easementfrom Plastic Center, Inc. SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Adopt Resolution(s) ATTACHMENTS: Description Type Hillcrest-Rosemont Detention Basin Easement City Manager Memo Agreementwith Plastic Center-MVM Memo Staff Memo Staff Memo ExhibitA Supporting Documentation Resolution Resolutions EasementAgreement Supporting Documentation Grant of Easement PCI Supporting Documentation Dubuque THE CITY OF � uI�AaMca cih DuB E � � I � � I Maste iece on the Mississi i Zoo�•zoiz•zois YP pp zoi�*zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Hillcrest-Rosemont Detention Basin: Easement Agreement between the City of Dubuque and Plastic Center, Inc. for the Hillcrest-Rosemont Detention Basin Project [CIP 7202758] DATE: August 14, 2019 City Engineer Gus Psihoyos recommends City Council approval of an Easement Agreement to acquire an easement from Plastic Center, Inc. for the Hillcrest-Rosemont Detention Basin Project and acceptance of a Grant of Easement from Plastic Center, Inc. The City Council adopted the Drainage Basin Master Plan (DBMP) in 2001. One of the special study areas included the Rosemont-Hillcrest intersection which experiences flooding as a result of heavy, intense rains. The DBMP outlined that the most cost-effective way to address the flooding was to create a detention basin upstream of the Hillcrest & Rosemont intersection. The Hillcrest-Rosemont Detention Basin Project provides for the creation of a new detention basin on private property just north of Hillcrest Road at Rosemont Street. Attached Exhibit A shows the location of proposed detention basin. It also includes images of the flooding that occurred in 2004. Pursuant to the Agreement, the City will pay $35,000 for the 2.93-acre easement. The City will also pay Plastic Center $4,800 for the City's use of the wetland delineation report commissioned by Plastic Center. Use of the report allowed the City to design the detention basin to minimize wetland impacts and ensured that the project could proceed under a U.S. Army Corp of Engineers' Nationwide Section 404 Permit rather than under an individual permit, which would require a prolonged permitting process. I concur with the recommendation and respectfully request Mayor and City Council approval. v 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 2 Dubuque THE CITY OF � � �.�� U� E ��I j�' � N Maste iece on the Mississi Z 2flfl7•zo�z•20E3 �P pp zoia*zoi� TO: Michael C. Van Milligen, City Manager ..., FROM: Gus Psihoyos, City Engineer�;�;i�"�'�`1� DATE: August 13, 2019 SUBJECT: Hillcrest-Rosemont Detention Basin: Easement Agreement between the City of Dubuque and Plastic Center, Inc. for the Hillcrest-Rosemont Detention Basin Project [CIP 7202758] INTRODUCTION The purpose of this memorandum is to request approval of an Easement Agreement to acquire an easement from Plastic Center, Inc., owner of Lot 1 Pfohl Farm, as required for the Hillcrest-Rosemont Detention Basin Project and acceptance of a Grant of Easement from PCI. BACKGROUND The City Council adopted the Drainage Basin Master Plan (DBMP) in 2001. One of the special study areas included the Rosemont-Hillcrest intersection which experiences flooding as a result of heavy, intense rains. The DBMP outlined that the most cost- effective way to address the flooding was to create a detention basin upstream of the Hillcrest & Rosemont intersection. The City Council established funding for the Hillcrest-Rosemont Detention Basin Project [CIP 7202758] in the FY2019 CIP Budget. DISCUSSION The Hillcrest-Rosemont Detention Basin Project provides for the creation of a new detention basin on private property just north of Hillcrest Road at Rosemont Street. Attached Exhibit A shows the location of proposed detention basin. It also includes images of the flooding that occurred in 2004. City staff has been meeting with Mr. Anthony Pfohl, Managing Director of Plastic Center, Inc. (PCI), who owns the property [Lot 1 Pfohl Farm] north of Hillcrest Road. Mr. Pfohl has agreed to the terms of the attached Easement Agreement (the Agreement) pursuant to which PCI will grant to the City an easement to construct, operate, and maintain the proposed improvements associated with the Hillcrest-Rosemont Detention Basin Project (the Project). Pursuant to the Agreement, the City will pay $35,000.00 for the 2.93-acre easement. Originally, Mr. Pfohl was asking $70,320.00 for the purchase of the easement. After the City explained ho�nr the Agreemen#would henefit P�I's use of the property, Mr. Pfohl aqreed to the $35,000.00 purchase price. The City will also pay PCI $4,800.00 for the City's use of the wetland delineation report commissioned by PCI. Use of the report allowed the City to design the detention basin to minimize wetland impacts and ensured that the Project could proceed under a U.S. Army Corp of Engineers' Nationwide Section 404 Permit rather than under an individual permit which would require a prolonged permitting process. RECOMMENDATION I recommend adoption of the attached resolution approving the Easement Agreement to acquire the easement from Plastic Center, Inc. for the Hillcrest-Rosemont Detention Basin Project and accepting the Grant of Easement. BUDGETIMPACT The City will pay Plastic Center$39,800.00. This will be funded through the FY19 appropriation in the amount of$143,800.00 for the "Hillcrest-Rosemont Detention Basin," CIP 7202758. REQUESTED ACTION I respectfully request adoption of the attached resolution approving the attached Easement Agreement in order to acquire the easement necessary to construct the Hillcrest-Rosemont Detention Basin Project and accepting the Grant of Easement from PCI. Attach. Prepared by Deron Muehring Cc: Crenna Brumwell, City Attorney Barry Lindahl, Senior Counsel Deron Muehring, Civil Engineer I 2 � ="`a'A`°`°eTP"` °"' Hillcrest Road / Rosemont Street Detention Basin �� 2018Award W nne� DIlBUf2UF. 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Ji�,:��:�� - - � ,i � � � � � - � _ � - -- � � � � � �.o °1 ��... � �� j A � � �� . � ' � m-. � � -- _ _. �� n _ � '�� sH�ar sr � s r r ' � �.., �� c � z �'�`,s _ 1 �'=1` I A ' ��. �_� _ �l �� e Z A Z J `Z- _ \ . C .. O N -NI l y � I �. �i � I v_ V � ' °. '' I_� ; �r r �l J / -\ T�� ~ �� 11 � �� ' .. � � _J ° � i .�� ' � � ��,� � �� V a d _�! 3r-�� i� ��7 � � rq, I i�� - ��^ ' ii. " � . . '.� .� ,- '.� �..� � . �\I� � ��\ :;�� fuRoaast � , � i.-_ r�� b 4 .-. � �.., _ _ .- �_ , _ s - .. _. .. , _. .., € - N u Parcels O Residential and Street Drainage Basin °�=,a°ao�aa; � ...,:..,_.M, W�� w�`�`�a;�eoo`i` Index Contour � Agriculture Field Drainage Basin �s=`��,'ms S RESOLUTION NO. 306-19 APPROVING AN EASEMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND PLASTIC CENTER, INC. AND ACCEPTING THE GRANT OF EASEMENT FROM PLASTIC CENTER, INC. Whereas, the City of Dubuque, Iowa (City) and Plastic Center, Inc. (PCI) have tentatively entered into an Easement Agreement for the Hillcrest -Rosemont Detention Basin Project; and Whereas, pursuant to the Easement Agreement, PCI has delivered to City a Grant of Easement as required by the Easement Agreement; and Whereas, the City Council finds that it is in the best interests of the City of Dubuque to approve the Easement Agreement and accept the Grant of Easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Easement Agreement is hereby approved and the City Manager is authorized and directed to sign the Easement Agreement on behalf of the City of Dubuque. Section 2. The Grant of Easement from Plastic Center, Inc. is hereby accepted. Passed, approved and adopted this 19th day of August 2019. Attest: oy D. Buol, Mayor F:\Users\tsteckle\Lindahl\Resolutions\Approving PCI Easement Agreement & Grant of Easement 081319bal.docx 11 11 11 11 11 PJ 11 11 11 Doc ID 010347720015 Type GEN Kind: EASEMENT Recorded: 09/05/2019 at 04:21:10 PM Fee Amt: $77.00 Page 1 of 15 Dubuque County Iowa John Murphy Recorder F11e2019-00010542 RECORDER'S COVER SHEET FOR EASEMENT AGREEMENT BETWEEN PLASTIC CENTER, INC AND THE CITY OF DUBUQUE, IOWA Preparer Information: Barry Lindahl, Senior Counsel, City of Dubuque, 300 Main St., Suite 330 Dubuque, IA 52001 563-589-4113 Taxpayer Information: n/a Return Document To: Kevin S. Firnstahl, City Clerk, 50 W. 13th St., Dubuque, IA 52001 563-589-4100 Legal Description: Balance of Lot 1 Pfohl Farm, City of Dubuque, Iowa Grantors: Grantees: Plastic Center, Inc. (PCI) 290 Main Street Dubuque, IA 52001 City of Dubuque, Iowa 50 W. 13th Street Dubuque, IA 52001 EASEMENT AGREEMENT BETWEEN PLASTIC CENTER, INC AND THE CITY OF DUBUQUE, IOWA This Easement Agreement, dated for reference purposes the / / day of , 2019, is made and entered into by the City of Dubuque (City) and Plastic Ce ter, nc (PCI) Whereas, PCI is the owner of the following described real estate (the Property): Balance of Lot 1 Pfohl Farm, City of Dubuque, Iowa ; and Whereas, City proposes to construct a public improvement described herein on part of the Property; and Whereas, PCI and City desire to enter in an agreement with respect to the public improvement and the Property. NOW, THEREFORE, IT IS AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS: SECTION 1. PCI RESPONSIBILITIES. PCI agrees to grant a permanent easement to City in the form of the Grant of Easement attached hereto as Exhibit A (the Easement). SECTION 2. CITY RESPONSIBILITIES. City agrees to: (1) Construct a detention basin and associated appurtenances as shown on Exhibit B (the Detention Basin) in accordance with the plans and specifications prepared by City, the design of which shall (a) limit the impact to the identified jurisdictional wetland shown on Exhibit B, (b) limit the impact to use of the farm field shown on Exhibit B, (c) allow for the future extension of Rosemont Street to the north of its current termination, and (d) provide flood protection for downstream properties on Hillcrest Road and Rosemont Street; (2) Construct the Detention Basin to accommodate the stormwater runoff from the Property so that the runoff will drain to the Detention Basin shown on Exhibit C and so that additional detention or rate controls will not be required when the Property is developed, provided that the drainage area to Detention Basin is 31.6 acres or Tess and land use is consistent with assumed TR -55 Curve Number 85 or less, or alternative engineering calculations are submitted to and approved by the City Engineer demonstrating that any modifications to these parameters will 052219dIm ensure that outflow will not exceed the requirements in (7) below, provided further that commencing two years after development of the Property by PCI, its successors, or assigns, the maintenance expenses incurred by City for the Detention Basin shall be assessed against the Property, and if subdivided, assessed to each of subdivisions in proportion to the area of each subdivision to the total area of the Property. The City Manager shall certify such costs to the City Clerk, which costs shall then be collected with and in the same manner as general property taxes in accordance with the provisions of law; (3) Utilize the borrow site along Seippel Road, described as Lot 2 of 1 of South Fork Industrial Subdivision #1, owned by PCI, with the specific location to be identified by PCI, for fill required to an construct earthen embankment, as long as the soil meets "Suitable Embankment Materials" as defined in Iowa SUDAS Standard Specifications (2017 Edition), Division 2, Paragraph 2.03. Excavation and restoration activities shall include stripping, stockpiling, and replacement of topsoil at a uniform depth no less than pre -excavation conditions; removal of approximately 3,000 cubic yards of suitable embankment materials with specific amount as required by construction drawings; and reshaping soil such that the grades are consistent with adjacent undisturbed areas utilizing smooth transitions from borrow area to undisturbed areas, appropriate erosion control, and seeding/fertilizer/mulch of all disturbed areas. (4) Maintain the Easement Area that contains the embankment shown as "Easement Area A" on Exhibit B; (5) Allow PCI to utilize the Detention Basin as a sediment basin during development of the Property, provided it is maintained in a manner so that its use as a sediment basin does not impair the Detention Basin's ability to prevent downstream flooding; (6) Allow PCI to modify the Detention Basin, at its sole cost, provided that the discharge and storage criteria provided by the Detention Basin are generally maintained as follows: Depth (feet) Volume (Cubic Feet) Depth (feet) Volume (Cubic Feet) 0 0 9 251500 1 280 10 329100 2 1120 11 418900 3 6500 4 22500 5 49400 6 85300 7 130400 8 185600 2 (7) Allow PCI, with the written approval of the City Engineer, whose approval shall not be unreasonably withheld, to modify, relocate, or eliminate the Detention Basin, at PCI's sole cost, to meet PCI's development needs, provided further that the maximum discharge for a 100 -year, 24-hour rainfall event, as calculated by TR -55 methodology, shall be limited to 40 cubic feet per second (cfs) directed into the Rosemont Street storm sewer and the maximum overland flow onto Rosemont Street shall be limited to 10 cfs unless PCU performs improvements resulting in increased capacity of the downstream conveyance system. If the Detention Basin is eliminated as provided in this subsection (7), City will abandon the Easement and all rights and responsibilities associated thereto; (8) Reimburse PCI in an amount not to exceed $4,800.00 for City's use of the existing wetland delineation report procured by PCI; (9) In the event that compensatory wetland mitigation is required at the time of developing the Property due, in whole or in part, to the impacts associated with construction of the Detention Basin, City will assume responsibility for the mitigation in proportion of the impacts associated with the Detention Basin to the total impact at the time of development; (10) Hold PCI harmless from any claims associated with flooding downstream of the detention basin or related to the construction, operation, maintenance, or failure of the Detention Basin; (11) Pay PCI the sum of $35,000.00 for the Grant of Easement; and (12) Record the Grant of Easement. CITY OF DUBUQUE, IOWA PLASTIC CENTER, INC By: / By: Michael C. Van Milligen, City Manager Anthony Pfohl, Managing Director Plastic Center Easement Agreement 081219dIm.docx 3 EXHIBIT A GRANT OF EASEMENT 4 Index Legend Location: THE BALANCE OF LOT 1 PFOHL FARM CITY OF DUBUQUE, IOWA Proprietor. PLASTIC CENTER, INC. Renoestor, CITY OF DUBUQUE ENGINEERING DEPARTMENT Surveyor: JOHN M. TRANMER Surveyor IIW, P.C., 4155 PENNSYLVANIA AVE Company DUBUQUE, IOWA 52002-2628 PHONE: (563)556--2464 ,OR RECORDER USE EXHIBIT A PERMANENT EASEMENTS FOR STORM WATER LYING WITHIN THE BALANCE OF LOT 1 OF PFOHL FARM IN THE CITY OF DUBUQUE, IOWA N89'00'27"E 44.88' 3 1 • n 0 z` ta 1.4 • CPaOs LEGEND — — — LOT/RIGHT-OF-WAY LINE • — EASEMENT UNE 8.0.19, RIGHT-OF-WAY POC POINT OF COMMENCEMENT POB POINT OF BEGINNING ( ) RECORDED AS FOUND 1" IRON PIPE s • S66 sQ438e s SQA,D. SSS6)70yO,„ N9R' N64'52'10"E 53.04' • 8 '(O OR NRM PRE FG `GPS P0,\Rs GPo�s ET `Ner5 PCR 9-5'1 2 52 ..Nlnullllllluull". NORTH GRAPHIC SCALE 0 60 120 1"= 60' DRAWING MAY HAVE BEEN REDUCED • THE BALANCE OF LOT 1 NS93� OF PFOHL FARM A, 704 48 1., O�rk h o f ti - ,..4P ON /. •, cc': // r-- •,/,'‘'1:,C. 1\16.s.,,)�6$26po�• PR�PsC z � \5j FOR POB AREA B EASEMENT " / �hS \.,‘"( 031\11- pRE •E PCB AREA A N00'54'06"W I QE 0 $ 5 POC AREA B SOUTH UNE 46.00'—'..."....• 38, NW CORNER LOT 1, PFOHL FARM 282.03' LOT 15, BLOCK 6 S78'55'15"E 46.25' N89'05'54"E 45.00' NW CORNER LOT 3, BLOCK 13 d../C-- LOT 4 IBL�13 METTEL-BYRNE ADDITION 113.12' LOT 3 BLOCK 13 LOT 2 BLOCK 13 k I I N OTE THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS -0F -WAY OF RECORD AND NOT OF RECORD. S89'05'54"W 707.39' (707.45' LOT 1 BLOCK 13 LOT 10 BLOCK 7 w I N3 I F- 1 0 0 S00'54'06"E 15.00' •O) NE CORNER - LOT 7, BLOCK 5 SUNSET PARK SUBDIVISION NO. 3 312.24' (S12.24V cr LOT 15 BLOCK 6 METTEL-BYRNE ADDITION \u 0W...4 " * , it JOHN M. TRANMER LS 12631 2 �'- T1 i- 3 11 I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED 8Y ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT AM A DULY LICENSED LAND SURVEYOR UNDER 1110 LAWS OF THE STATE Of IOWA FOR IIW, P.C. JOHN. iNANMER/1'Ui. i'DA J[ I DATE UCENSE NO. 12831 MY LICENSE RENEWAL DATE IS 12/31/2020 PAGES OR SHEETS COVERED 89 THIS SEAL SHEETS 1 Q 2 • hrtoorsniat N1EffI11'.F]PBiT:Tu91LMON3 DRAWN DMK `AT N0. n• EXHIBIT A« CHECKED AIT DATE 8-13-19 PROD. N0. 18152 SHEET 1 of 2 9 \18\152\DRAWINGS\SURVET\13152 EASEMENT PREPARED BY: IIW. P.C. 4155 PENNSYLVANIA AVE DUBUQUE, IOWA {5.65} 556-2464 EXHBIT A PERMANENT EASEMENTS FOR STORM WATER LYING WITHIN THE BALANCE OF LOT 1 OF PFOHL FARM IN THE CITY OF DUBUQUE, IOWA AREA "A" LEGAL DESCRIPTION: A PERMANENT EASEMENT FOR STORM WATER DETENTION BASIN AND ACCESS LYING WITHIN THE BALANCE OF LOT 1 OF PFOHL FARM IN THE CITY OF DUBUQUE, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF LOT 15, BLOCK 6, METTEL-BYRNE ADDITION IN THE CITY OF DUBUQUE, IOWA; THENCE SOUTH SAID LOT 1 OF THENCE NORTH THENCE NORTH THENCE NORTH THENCE NORTH THENCE NORTH THENCE SOUTH THENCE SOUTH POINT OF BEGIN 89 DEGREES 05 MINUTES 54 SECONDS WEST ALONG THE SOUTH LINE PFOHL FARM, 282.03 FEET; 00 DEGREES 54 MINUTES 06 SECONDS WEST, 46.00 FEET; 68 DEGREES 25 MINUTES 12 SECONDS EAST, 156.08 FEET; 45 DEGREES 09 MINUTES 04 SECONDS EAST, 88.57 FEET 64 DEGREES 52 MINUTES 10 SECONDS EAST, 53.04 FEET 89 DEGREES 05 MINUTES 54 SECONDS EAST, 45.00 FEET; 00 DEGREES 54 MINUTES 06 SECONDS EAST, 15.00 FEET; 06 DEGREES 12 MINUTES 35 SECONDS WEST, 170.66 FEET TO THE NING. CONTAINING 34,045 SQUARE FEET, 0.782 ACRES, MORE OR LESS, AND SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTION, AND RIGHT-OF-WAY OF RECORD AND NOT OF RECORD. AREA "B" LEGAL DESCR PT1ON: A PERMANENT EASEMENT FOR STORM WATER PONDING LYING WITHIN THE BALANCE OF LOT 1 PFOHL FARM IN THE CITY OF DUBUQUE, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF LOT 15, BLOCK 6, METTEL-BYRNE ADDITION, IN THE CITY OF DUBUQUE, IOWA; THENCE SOUTH 89 DEGREES 05 MINUTES 54 SECONDS WEST ALONG THE SOUTH LINE SAID LOT 1 OF PFOHL FARM, 282.03 FEET; THENCE NORTH 00 DEGREES 54 MINUTES 06 SECONDS WEST, 46.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 67 DEGREES 54 MINUTES 57 SECONDS WEST, 71.84 FEET; THENCE NORTH 07 DEGREES 30 MINUTES 00 SECONDS WEST, 65.62 FEET; THENCE NORTH 59 DEGREES 34 MINUTES 14 SECONDS WEST, 104.48 FEET; THENCE NORTH 20 DEGREES 20 MINUTES 10 SECONDS EAST, 64.33 FEET; THENCE NORTH 28 DEGREES 23 MINUTES 20 SECONDS WEST, 63.06 FEET; THENCE NORTH 01 DEGREES 57 MINUTES 18 SECONDS WEST, 75.13 FEET; THENCE NORTH 12 DEGREES 18 MINUTES 18 SECONDS WEST, 62.49 FEET; THENCE NORTH 89 DEGREES 00 MINUTES 27 SECONDS EAST, 44.88 FEET; THENCE SOUTH 69 DEGREES 32 MINUTES 14 SECONDS EAST, 155.70 FEET; THENCE SOUTH 38 DEGREES 36 MINUTES 29 SECONDS EAST, 65.66 FEET; THENCE SOUTH 60 DEGREES 10 MINUTES 18 SECONDS EAST, 68.43 FEET; THENCE SOUTH 41 DEGREES 42 MINUTES 49 SECONDS EAST, 59.21 FEET; THENCE SOUTH 55 DEGREES 14 MINUTES 07 SECONDS EAST, 108.94 FEET; THENCE SOUTH 78 DEGREES 55 MINUTES 15 SECONDS EAST, 46.25 FEET; THENCE SOUTH 89 DEGREES 05 MINUTES 54 SECONDS WEST, 20.69 FEET; THENCE SOUTH 64 DEGREES 52 MINUTES 10 SECONDS WEST, 53.04 FEET; THENCE SOUTH 45 DEGREES 09 MINUTES 04 SECONDS WEST, 88.57 FEET; THENCE SOUTH 68 DEGREES 25 MINUTES 12 SECONDS WEST, 156.08 FEET TO THE POINT OF BEGINNING. CONTAINING 93,745 SQUARE FEET, 2.152 ACRES, MORE OR LESS, AND SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS, AND RIGHT-OF-WAY RECORD AND NOT OF RECORD. ♦♦ 11 Mt. DANCER. coarAvonarrawcrA 3.011141 "TCGRRVE038I5ESOLU,OS I .wx.,.r. n.rnevoc. DRAWN DAM PLAT NO. EXHIBIT A O-ECKED JAR PNOJ. NO. 18152 DATE 8-13-19 SHEET 2 of 2 y\IB\152\ORRNNGS\SURVEY\18152 E/SEMDIT EXHIBIT B CONCEPT PLAN FOR PROPOSED DETENTION BASIN 7 rn >too- .m By N.H ti ,wc:wrzcson EASEIENT Ewaerc &&x016 Rry Ewe PROPOSED DETENTION BASIN HILLCREST-ROSEMONT DETENTION BASIN HILLCREST RD & ROSEMONT ST DUBUQUE. IA PIIA\BAB,.+ 77BOV1 B52 : i OW 3,0161/13/703 7 I, W 50.6%0777 8 2 S EXHIBIT C EXISTING DRAINAGE AREA TO PROPOSED DETENTION BASIN 9 17J ~`J i i{i i I 71 — --1 ._._.. - —'I III { i I tt _.._-_— -rl-n- f I I I ._1 1.a.1 t..,.,,1 +,ate 7 11 _.__ —"±:d� 4_.-_1. ..___i..�_:TILL 1_I 1,_ �t Dtauntg Issue hdom:a;: Pn eXMQ PRO D; arm By ,IJ1 Issued Fat ewxy. 6sk4 FK iax9vSa1. :@l12R018 MFA Ra. Data EXISTING DRAINAGE AREA TO PROPOSED BASIN HILLCREST-ROSEMONT DETENTION BASIN HILLCREST RD & ROSEMONT ST DUBUQUE. IA >\,fi"" rp/.y3;4y pS',E,'r F.E1 WON. N E' '0:3''C %i5M v:HtF+ 10 Z 0- i GRANT OF EASEMENT For and in consideration of the sum of One Dollar and other good and valuable consideration, the receipt of which is hereby acknowledged, PLASTIC CENTER, INC. (Grantor) of Dubuque County, State of Iowa, for itself, and its successors and assigns, does hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, a municipal corporation, its employees, agents and contractors, in perpetuity, from the date hereof, an easement over, through and across the described real estate situated in Dubuque County, Iowa, to wit: Balance of Lot 1 Pfohl Farm, City of Dubuque, Iowa Said easement as shown on the attached Exhibit A is for the purpose of constructing, operating and maintaining a detention basin and associated appurtenances as (the Detention Basin) as described in the Easement Agreement between Plastic Center, Inc. and the City of Dubuque, Iowa, dated for reference purposes the ,3 day of 2019. f� Dated at Dubuque, Iowa this 5 day of .moi- 2019. PLASTIC CENTER, INC By: Ant ny- . Pfohl, Managing Director STATE OF IOWA, DUBUQUE COUNTY, ss: On this ay of_ %G r A ,2083-, before me, the undersigned, a Notary Public in and for said tate, personally appeared Anthony L. Pfohl, to me known to be the identical person(s) named in and who executed the foregoing instrument and acknowledged that he executed the same as his voluntary act and deed on behalf of Plastic Center, Inc.. 4pR144s, KERRY JO BRADLEY o T. Commission Number 808090 dolt ; My Ri�ory x 3es /ow, , , Notary Public Residential and Street Drainage Ba Agriculture Field Drainage Basin RESOLUTION NO. 306-19 APPROVING AN EASEMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND PLASTIC CENTER, INC. AND ACCEPTING THE GRANT OF EASEMENT FROM PLASTIC CENTER, INC. Whereas, the City of Dubuque, Iowa (City) and Plastic Center, Inc. (PCI) have tentatively entered into an Easement Agreement for the Hillcrest -Rosemont Detention Basin Project; and Whereas, pursuant to the Easement Agreement, PCI has delivered to City a Grant of Easement as required by the Easement Agreement; and Whereas, the City Council finds that it is in the best interests of the City of Dubuque to approve the Easement Agreement and accept the Grant of Easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Easement Agreement is hereby approved and the City Manager is authorized and directed to sign the Easement Agreement on behalf of the City of Dubuque. Section 2. The Grant of Easement from Plastic Center, Inc. is hereby accepted. Passed, approved and adopted this 19th day of August 2019. Attest: Keen S. Firns ahl, CMC City Clerk 91,/ oy D. Buol, Mayor F:\Users\tsteckle\Lindahl\Resolutions\Approving PCI Easement Agreement & Grant of Easement_081319bal.docx CERTIFICATE of tfie CITY CLERK STATE OF IOWA SS: COUNTY OF DUBUQUE ) I, 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. 306-19 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 5th day of September, 2019. F l , 3 Kevi S. Firnstahl, CMC, City Clerk i