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Acceptance of Sanitary Sewer Utility Easement from PTC, LLC for 18th and Elm Streets Copyrighted November 18, 2019 City of Dubuque Consent Items # 11. ITEM TITLE: Acceptance of SanitarySewer Easementfrom PTC, LLC for Property at 18th and Elm Streets SUMMARY: City Manager recommending acceptance of the Grantof Easement for Public Sanitary Sewer Utilityfrom PTC LLC for property at 1800 Elm Street. RESOLUTION Accepting a Grant of Easement for the public sanitary sewer through, over and across part of Lot 171 A in East Dubuque Addition, in the City of Dubuque, lowa SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Adopt Resolution(s) ATTACHMENTS: Description Type Acceptance of Sanitary Sewer Easement from PTC City Manager Memo LLC-MVM Memo Staff Memo Staff Memo Resolution Resolutions Easement Supporting Documentation Agreement 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: Acceptance of Sanitary Sewer Easement from PTC LLC Property at 18tn and Elm Street in Dubuque DATE: November 8, 2019 City Engineer Gus Psihoyos recommends City Council acceptance of the Grant of Easement for Public Sanitary Sewer Utility from PTC LLC for property at 1800 Elm Street. This property is part of the Eagle Country Market grocery store site on Elm Street. The existing City sanitary sewer located in the alley immediately east of Elm and south of the grocery store has become a maintenance problem due to the flat grade of the utility. The City plans to re-route the sanitary sewer main from the alley to the public sewer main on Elm Street. The City of Dubuque and PTC LLC entered an agreement by which the City will construct the re-aligned public sanitary sewer main on the private property and the property owner will grant the City a permanent easement for ownership and maintenance of the utility. 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 Dubuque THE CITY OF � All•A�eria Cit� DU B E ' �� ' I � � In Maste iece on t)ie Mississi l zoo�•zolz•zoi3 �' P�' Zoi�*zoi9 TO: Michael C. Van Milligen, City Manag�r�r"1 , �l FROM: Gus Psihoyos, City Engineer �A�� SUBJECT: Acceptance of Sanitary Sewer Easement from PTC LLC Property at 18t" and Elm Street in Dubuque DATE: November 8, 2019 INTRODUCTION The purpose of this memorandum is to seek acceptance of a sanitary sewer easement from PTC LLC for a proposed public sanitary sewer across Part of Lot 171 A in East Dubuque Addition, in the City of Dubuque. DISCUSSION PTC LLC is the owner of Lot 171A in East Dubuque Addition, having a common address of 1800 Elm Street in Dubuque. This property is part of the Eagle Country Market grocery store site on Elm Street. The existing City sanitary sewer located in the alley immediately east of Elm and south of the grocery store has become a maintenance problem due to the flat grade of the utility. The City plans to re-route the sanitary sewer main from the alley to the public sewer main on Elm Street. The City of Dubuque and PTC LLC entered an agreement by which the City will construct the re-aligned public sanitary sewer main on the private property and the property owner will grant the City a permanent easement for ownership and maintenance of the utility. RECOMMENDATION I recommend accepting the Grant of Easement for Public Sanitary Sewer Utility through, over and across Part of Lot 171A in East Dubuque Addition, as shown on Exhibit A on the attached Grant of Easement. ACTION TO BE TAKEN I respectfully request acceptance of the Grant of Easement for Public Sanitary Sewer Utility from PTC LLC through the adoption of the enclosed resolution. 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Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 400-19 ACCEPTING A GRANT OF EASEMENT FOR PUBLIC SANITARY SEWER THROUGH, OVER AND ACROSS PART OF LOT 171A IN EAST DUBUQUE ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, PTC LLC and the City of Dubuque have executed an agreement setting forth terms for the construction, maintenance, and replacement of a proposed public sanitary sewer utility located. in Part of Lot 171A in East Dubuque Addition, in the City of Dubuque, Dubuque County, Iowa; and Whereas, PTC LLC has executed a Grant of Easement for Public Sanitary Sewer through, over and across Part of Lot 171A in East Dubuque Addition, in the City of Dubuque, Dubuque County, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Easement for Public Sanitary Sewer through, over and across Part of Lot 171A in East Dubuque Addition, in the City of Dubuque, Iowa from PTC LLC, 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. Attest: op,i.pre4. Ken S, Firnstahl, CIV, City Clerk K Rios, Mayor Pro Tem AGREEMENT BETWEEN PTC LLC AND THE CITY OF DUBUQUE, IOWA Whereas, PTC LLC (Property Owner) is the owner of the following described real estate (the Property): Lot 171A of East Dubuque Addition, in the City of Dubuque, lowa; and Whereas, the City of Dubuque (City) proposes to construct public sanitary sewer improvements (the Project) on part of the Property; and Whereas, Property Owner and City desire to enter in an agreement with respect to the public improvement and the Property. � i NOW, THEREFORE, IT IS AGREED BETWEEN THE PARTIES HERETO AS ', FOLLOWS: ; SECTION 1. PROPERTY OWNER RESPONSIBILITIES. Property Owner agrees to: � j (1) Grant a permanent public sanitary sewer utility easement to City in the ', form of the Grant of Easement attached hereto as Exhibit A. City shall ' restore the disturbed areas and pavements due to the construction, maintenance or repair of said public utilities and other appurtenances. City agrees to use commercially reasonable efforts to minimize disturbance to the businesses operated at the property when exercising its � easement rights; and , (2} Grant a temporary construction easement to City as shown on the attached Exhibit A. Temporary easement shaEl grant City the right to enter upon said property and occupy the temparary easement area as shown on the attached Exhibit A during the periad of construction until the project is accepted by City Council. SEGTION 2. CITY RESPONSIBILITIES. City agrees to: ' (1) Construct the Project on the Property. Construction will be completed in an agreed upon Monday to Thursday timeframe, in no case will construction occur in a week with a Holiday; and (2} Extend Property Owner's existing sewer lateral from current sewer main location to new sewer main location and connect to said new main; and (3) Compensate Property Owner the surn af $1,Q00.00 for the value of the i temporary construction easement described above; and i 08292E?'{9 rnk , . _ . ' ' . . � . , . . - _ '. . ' :�45!i . . . . , ' . . �:If . . . ' . . "1.�:�' (4) Restore all disturbed surfaces and pa�ements to existing conditions; and (5� Record the Grant of Easement. Property 4wner and City acknowledge and agree that, in the event that City does not bid the Project by December 31, 2019, this Agreement shali automatically become null, and void. I , , , ; CITY OF DUBUQl1E, IOWA PTC LLC ' i� �- By. � '�,.,_.._._ BY. Micha f C. Van Mil(igen, City Manager Peter C arke, Presidenfi s — _ Date l��`�, l� ✓ Date 7 �� '�� / � . . . , . . - � ' - � ; � ;,4 ' . . . . .. . . � . ' . . . ' . � . . � . . ' . .� ..I , f ( � , '� i i '� `•;: . ,: _ c, . . . � . . . �. _ � _. � . , 2 �. . EXHIBIT A GRANT OF EASEMENT i i i i i �, � I , ! i I I I ; � � '� � I 3 11 11 11 11 111 11 11 11 11 Doc ID: 010392300005 Type GEN Kind: EASEMENT Recorded: 11/20/2019 at 02:23:18 PM Fee Amt: $27.00 Page 1 of 5 Dubuque County Iowa John Murphy Recorder Fi1e2019-00014510 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 PUBLIC SANITARY SEWER UTILITY For and in consideration of the One Thousand and 00/100's Dollars ($1,000.00) and other good and valuable consideration, PTC LLC, an Iowa Limited Liability Corporation, ("Grantor") does hereby grant to the City of Dubuque ("Grantee"), a municipal corporation, its agents and contractors, from the date hereof, a right of way and easement through, under and across the following described real estate situated in Dubuque County, Iowa, to wit: Part of Lot 171A in East Dubuque Addition, in the City of Dubuque, Iowa as shown on Exhibit A attached hereto and by reference made a part hereof. Said easement shall be as shown on the attached Exhibit A for the purpose of constructing a public sanitary sewer utility 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 A 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 public utility and other appurtenances to existing conditions. Grantee agrees to use commercially reasonable efforts to minimize disturbance to the businesses operated at the property when exercising its easement rights. 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 change the grade, elevation, and contour or perform any construction or rn ;2-7oo C(.;td Cier-V, 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, lowa, 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 public sanitary sewer utility thereon or therein. Dated at Dubuque, Iowa this ,/fi/'�'t�)t a day of V , 2019. By: PTC LLC Peter Clarke, President NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this 7 ' day of 0C.4— , A.D., 2019 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Peter Clarke, 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. GENERAL NOTARY - State of Nebraska NANCY J. POHL My Comm. Exp. Feb. 2, 2021 N'•tary Public I For Said State Reserved for Recorder 0 O) 00 L� cY) CO 0 0 0 cV 0) 0 _a 0 co t c) t-- CI) 0 Li) 3 c Z Dubuque ***_**_ All -America City 11 1 1 IF 2007 CITY OF DUBUIQUIH ENGINEERING DEPARTMENT CITY HALL, 50 WEST 13th STREET DUBUQUE, IA 52001-4864 PHONE (563) 589-4270 FAX (563) 589-4205 Drawn By: RNK Approved By: RNK Date: 10-01-2019 PART OF LOT 171A EAST DUBUQUE ADDITION CITY OF DUBUQUE, IOWA C.I.P. Number: Sheet Number. 1 of 1 NORTH 0 15' 30' SCALE 1" = 30' FEET 60' .6' FD. e" REBAR /7 - CAP N NO. AP PERMANENT SANITARY SEWER UTILITY EASEMENT (20' WIDTH) LOT 171A EAST DUBUQUE ADD. PER INST. NO. 8791-85 o5a0n' 2�(,o' N6' 0 0 sl FD." REBAR rL2O ��`t f�-NOCAP N3 01 � 2C)* 50 5a, - FD. " REBAR NO CAP w ',5‘ lL DIMENSION LINE ONLY 10' I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that 1 am a duly licensed Land Surveyor under the laws of the State of lowa. For the City of Dubuque 2i47q• /-2Szoi9 Russell N. Kieffer Iowa Lic. No. 18128 Date My license renewal date is December 31, 2020 Pages or sheets covered by this seal: THIS PAGE ONLY LOT 172 EAST DUBUQUE ADD. NOTES: LEGEND 0 R.O.W. (100.00') 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. 2. PROPRIETOR OF ABOVE DESCRIBED LOT: PTC LLC 3. SURVEY REQUESTED BY: CITY OF DUBUQUE, 50 W. 13TH ST. DUBUQUE, IOWA 4. THIS EASEMENT PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. NOTE: THIS SURVEY IS LOCATED IN THE NE 1/4 SECTION 24, T89N, R2E (DUBUQUE TOWNSHIP) OF THE 5TH P.M. IN THE CITY OF DUBUQUE, DUBUQUE COUNTY IOWA LOT 1 MARDE PLACE PER INST. NO. 2011-11099 FOUND IRON ROD/PIPE SET 5/8" REBAR WITH YELLOW PLASTIC CAP # 18128 RIGHT OF WAY RECORD DIMENSION LINE BREAK ADJACENT PROPERTY LINE RIGHT OF WAY LINE PROPOSED EASEMENT LINE 0) Co c9 FD. 8" REBAR W/ CAP NO. 12631 CITY OF DUBUQUE EXHIBIT A -SANITARY SEWER UTILITY EASEMENT COUNTY DUBUQUE PARCEL NO. 1024277020 JOB NO PROJECT ELM & 18TH SANITARY SECTION 24 TWP 89N RANGE 2E ROW—FEE N/A EXIST. ROAD N/A PERM. EASEM'T SEE ABOVE LEGAL DESCRIPTION LOT 171A EAST DUBUQUE ADDITION OWNER PTC LLC Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 Return to: Nate Kieffer, City of Dubuque 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 400-19 ACCEPTING A GRANT OF EASEMENT FOR PUBLIC SANITARY SEWER THROUGH, OVER AND ACROSS PART OF LOT 171A IN EAST DUBUQUE ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, PTC LLC and the City of Dubuque have executed an agreement setting forth terms for the construction, maintenance, and replacement of a proposed public sanitary sewer utility located in Part of Lot 171A in East Dubuque Addition, in the City of Dubuque, Dubuque County, Iowa; and Whereas, PTC LLC has executed a Grant of Easement for Public Sanitary Sewer through, over and across Part of Lot 171A in East Dubuque Addition, in the City of Dubuque, Dubuque County, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Easement for Public Sanitary Sewer through, over and across Part of Lot 171A in East Dubuque Addition, in the City of Dubuque, Iowa from PTC LLC, 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. Attest: Ke(fn S, Firnstahl, CIV', City Clerk CA. 'Rios, Mayor Pro Tem CERTIFICATE of the 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. 400-19 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 19th day of November, 2019. Kevin S. Firnstahl, CMC`," City Clerk