University of Dubuque Grant of Easement on Algona Street Right-of-WayCopyrighted
May 18, 2020
City of Dubuque Items to be set for Public Hearing # 1.
ITEM TITLE: University of Dubuque Grant of Easement on Algona
Street Right -of -Way
SUMMARY: City Manager recommending that the City Council set a
public hearing for June 1, 2020 to consider granting the
easement to the University of Dubuque for the private
utilities conduit through the Algona Street right-of-way.
SUGGESTED DISPOSITION:
RESOLUTION of Intent to dispose of City interest by
Grant of Easement for private utility to University of
Dubuque for an underlying portion of Algona Street
Suggested Disposition: Receive and File; Adopt
Resolution(s), Set Public Hearing for June 1, 2020
ATTACHMENTS:
Description Type
Grant of Easement on Algona Street-MVM Memo City Manager Memo
Staff Memo Staff Memo
Resolution Resolutions
Grant of Easement Supporting Documentation
Exhibit A Supporting Documentation
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Grant of Easement on Algona Street
DATE: May 11, 2020
Dubuque
bitil
All-A.aia City
111111
2007.2012.2013
2017*2019
A request has been received from the University of Dubuque for the granting of an
easement across Algona Street to accommodate a conduit and fiber optics and coax
cable utilities connecting the University of Dubuque Meyers Building on Algona Street
and the new University of Dubuque Student Clinic (Smeltzer-Kelly Student Health
Center) on Grace Street. The University of Dubuque. would like to install this conduit at
the same time they have Algona Street excavated for the water service connection to
the new Peter and Susan Smith Welcome Center, which is currently under construction.
City Engineer Gus Psihoyos recommends the City Council set a public hearing for
June 1, 2020 to consider granting the easement to the University of Dubuque for the
private utilities conduit through the Algona Street right-of-way.
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
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Grant of Easement Algona Street
DATE: May 11, 2020
INTRODUCTION
Dubuque
blarid
AII•Aneria City
2007.2012,2013
2017*2019
This is in response to a request from the University of Dubuque for the granting of an
easement across Algona Street to accommodate a conduit and fiber optics and coax
cable utilities connecting the U.D. Meyers Building on Algona St. and the new U.D.
Student Clinic (Smeltzer-Kelly Student Health Center) on Grace St.
DISCUSSION
The attached exhibit shows the Algona Street right-of-way and the proposed private
utilities conduit crossing and proposed easement. The University of Dubuque has
submitted site plans for the improvements and associated work on the properties. The
construction of the system includes a 2" diameter conduit which will house the proposed
private fiber optics and coax cable lines that will connect the Meyers building and the
student clinic. The depth of the proposed private utility conduit is approximately three to
five feet below the grade of the street with a minimum clearance of 12" from the sanitary
sewer and other existing utilities. U.D. would like to install this conduit at the same time
they have Algona street excavated for the water service connection to the new Peter
and Susan Smith Welcome Center which is currently under construction.
City Engineering has reviewed the drawings for clearances from existing and potential
improvements of city utilities at the proposed easement area.
University of Dubuque is responsible for paying for the reviews, easement submittal,
publication and recording fees, in the amount of $500.00. The mapping costs are also
the responsibility of U.D.
RECOMMENDATION
I would recommend that the "Grant of Easement" for private utility for the proposed
conduit and fiber optics and coax cable in the public right-of-way of Algona Street be
forwarded to City Council to be set for public hearing.
ACTION REQUESTED
The attached resolution should be submitted to the City Council for consideration and to
set a public hearing on June 1, 2020 for the granting of easement to University of
Dubuque for a private utilities conduit thru the Algona Street right-of-way.
Prepared by Nate Kieffer, PLS, PE
2
RESOLUTION NO. 152-20
RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST BY GRANT OF
EASEMENT FOR PRIVATE UTILITY TO UNIVERSITY OF DUBUQUE FOR AN
UNDERLYING PORTION OF ALGONA STREET
Whereas, University of Dubuque has requested a "Grant of Easement" for private utility
for an underlying portion of Algona Street for fiber optics and coax cable utilities; and
Whereas, WHKS has prepared and submitted to the City Council an exhibit showing
the underlying portion of Algona Street, running between the South Half of Lot 10 and Lot
2 of the East 75.60 feet of the North Half of Lot 10 all in Ann O'Hare's Subdivision in the
City of Dubuque, Iowa for proposed fiber optics and coax cable utilities in the City of
Dubuque, Dubuque County, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to grant an easement for private utility for
an underlying portion of Algona Street in the City of Dubuque, Dubuque County, Iowa, as
shown on the attached Exhibit A.
Section 2. That the granting of easement in the City of Dubuque, Dubuque County,
Iowa to University of Dubuque be contingent upon the payment of $500.00, plus mapping
fees.
Section 3. That a public hearing on the intent to dispose of City interest by Grant of
Easement for Private Utility to University of Dubuque across a portion of Algona Street,
running between the South Half of Lot 10 and Lot 2 of the East 75.60 feet of the North
Half of Lot 10 all in Ann O'Hare's Subdivision in the City of Dubuque, Iowa, is hereby set
for the 1st day of June 2020, at the Historic Federal Building (and/or by virtual means) 350
W. 6th Street, Dubuque, Iowa, beginning at 6:30 p.m., and the City Clerk be and is hereby
authorized and directed to cause a notice of public hearing on the intent to dispose of
said interest to be published in the manner as prescribed by law.
Passed, approved and adopted this 18th day of May 2020.
Roy D. Buol, Mayor
Attest:
Kevii-S. Firnstahl, CM`C; City Clerk
Prepared by: Nate Kieffer, City of Dubuque, 50 West 13th Street, Dubuque, IA 52001 (563) 589-4270
Returned to: Nate Kieffer, City of Dubuque, 50 West 13th Street, Dubuque, IA 52001 (563) 589-4270
GRANT OF EASEMENT FOR PRIVATE UTILITY
For and in consideration of the sum of Five Hundred dollars ($500.00), the receipt whereof is
hereby acknowledged,
The City of Dubuque, A Municipal Corporation of Dubuque County (Grantor)
50 West 13th Street
Dubuque, IA 52001-4864
of Dubuque County, State of Iowa, does hereby grant, sell and convey to The University of
Dubuque (Grantee) its agents, contractors and assigns, owners of the South Half of Lot 10 and
Lot 2 of the East 75.60 feet of the North Half of Lot 10 all in Ann O'Hare's Subdivision in the City
of Dubuque, Iowa, in perpetuity from the date hereof, a right of way and permanent easement
through, under and across the following described real estate situated in Dubuque, Iowa, to -wit:
Algona Street south of the intersection of Grace St. in the City of Dubuque, Dubuque
County, Iowa as shown on the attached Exhibit A.
A permanent easement ten (8) feet wide for the purpose of constructing and maintaining a 2"
diameter private fiber optic and coax cable utility conduit as shown on the attached Exhibit A,
hereinafter called, Private Utility, in accordance with plans reviewed by the City Engineer for the
sum of five hundred dollars ($500.00), plus mapping fees.
It is understood and agreed that the Grantee herein shall backfill and compact to City standards
the disturbed area to the grade of the surrounding property at the time of completion of the
Private Utility.
Grantee shall assume any and all liability for damages to persons or property which may result
from the existence, location, installation, construction, design, maintenance, or repair of said
Private Utility.
Grantee shall pay on behalf of the City of Dubuque, all sums which the City shall become
obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any
kind resulting from the location, installation, existence, construction, or maintenance of said
Private Utility sustained by any person or persons, caused by accident or otherwise to defend at
its own expense on behalf of said City any claim against the City arising out of the existence,
location, installation, construction, design, maintenance, or repair of said Private Utility
sustained by any person or persons caused by accident or otherwise to defend at its own
expense and on behalf of said City any claims against the City of Dubuque arising out of the
existence, location, installation, construction, design, maintenance, or repair of the Private Utility
and to pay reasonable attorney fees therefore.
Indemnify, defend, and hold the City of Dubuque free and harmless from any and all claims,
loss, liability, and expense for death and/or injuries to third persons or damages to said property
of third persons, or damage to any property of the City of Dubuque which may occur as a result
or in connection with the existence, location, installation, construction, design, maintenance, or
repair of said Private Utility. Grantor shall maintain said Private Utility in accordance with all
applicable state and federal laws and regulations, and the ordinances of the City of Dubuque.
This easement does not constitute any approval of the design, erection, location, construction,
repair or maintenance of said Private Utility and easement agrees not to assert such claim or
defense against the City of Dubuque in the event of claim asserted for death, personal injuries
and/or property damage against Grantee arising out of or in any way connected with the
location, installation, construction, design, maintenance, or repair of Private Utility.
The City reserves unto itself the perpetual right for the purpose of erecting, installing,
constructing, reconstructing, maintaining, owning, operating and repair of storm and sanitary
sewers, watermain, pavement, street lights, gas, telephone, t.v., fiber optics cable, and electrical
lines above or below said Private Utility as such utilities would not interfere with the existence of
the Private Utility.
Iowa One -Call registration is be required by the Code of Iowa. Grantee shall submit
documentation to the City Engineer of Iowa One -Call registration membership. In addition,
Grantee shall install utility locating tracer wire within said utility conduit across the Algona Street
right of way.
To have and to hold unto The University of Dubuque, 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, remodel or repair said
Private Utility thereof or therein.
Dated at Dubuque, Iowa, this day of , 2020.
CITY OF DUBUQUE, IOWA
Roy D. Buol, Mayor
Attest:
Kevin S. Firnstahl, City Clerk
STATE OF IOWA, DUBUQUE COUNTY, ss:
On this day of , 2020, before me a Notary Public in and for said
County and said State, personally appeared Roy D. Buol and Kevin S. Firnstahl to me
personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk
respectively, of the City of Dubuque, Iowa; that said instrument was signed on behalf of said
City of Dubuque by authority of Resolution No. -20 and that the said Roy D. Buol and Kevin
S. Firnstahl as such officers, acknowledged the execution of said instrument to be the voluntary
act and deed of said municipal corporation, by it and by them voluntarily executed.
, Notary Public
University of Dubuque
James Steiner
Vice President of Finance and Auxiliary Services
GRANTEE ACKNOWLEDGEMENT
STATE OF IOWA)
COUNTY OF DUBUQUE)
On this day of , 2020, before me, the undersigned, a Notary Public
in and for said State, personally appeared James Steiner to me personally known, OR
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s) acted, executed the instrument.
(Notary Seal) (sign in ink)
(print/type name)
Notary Public in and for State of Iowa
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
X CORPORATE OFFICER(S) Vice President of Finance and Auxiliary Services (Title)
(CORP SEAL)
AFFIXED
X_ NO SEAL PROCURED
PARTNER(S) _X_ LIMITED GENERAL
ATTORNEY -IN -FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING
University of Dubuque
PREPARED BY: Dan Hingtgen, L.S. 14052 WHKS & Co. 1701 Route 35 North East Dubuque, IL 61025 Tel. (815) 747-8833
EXHIBIT A
for
A EIGHT -FOOT (8')WIDE PRIVATE PERMANENT UTILITY EASEMENT
ACROSS ALGONA STREET, DUBUQUE, IOWA
PROPERTY OWNER:
CITY OF DUBUQUE
SURVEY REQUESTED UNIVERSITY OF DUBUQUE
FIELD SURVEY CONDUCTED ON:
October 10, 2019
N 1/2 OF LOTI.
10 ANN
O'HARES
SUBDIVISION
EXISTING I
SIDEWALK
RPOPOSED
SIDEWALK
I
I
I
'
IE.
0 GI
'73 0
2
^East
;
I
,
84 6'3
I
I
I
� I
I LOT 5 & LOT 2
I OF SUB. OF
LOT 2 OF THE ' LOT 2 OF LOT
EAST 75.60 FEET 1 1 OF LOT 6
OF THE NORTH
ONE-HALF OF 1
LOT 10 OF ANN 1
O'HARES
SUBDIVISION
I
SE Corner of Proposed
Easement is the SW
Corner of Lot 2 of the
` 75.60 feet of the
S
IS
North 1/2 of said Lot 10
EXISTING
TELEPHONE
- - - - - - PED.
EXISTING UD
FIBER VAULT
LIGHT
POLE
i `��
40.18. ��'M!���
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��'��' 40.18 I 00. �V
1 S
I
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(1). 1
.01 \ 00\1t*°
LOT 2 OF LOT 2 OF LOT 2
il1 OF THE NORTH ONE-HALF
S 1/2 OF LOT OF LOT 10 OF ANN
10 ANN SIDEWALK ` ...01 O'HARES SUBDIVISION
O'HARES I
SUBDIVISION LOT 1 OF SUB.
I OF LOT 2 OF
1 LOT 1 OF LOT 6
40.0'
I
27
1
TELEPHONE
LINE_ DEPTH
UNKNOWN I
1
I
PROPOSED UD FIBER-
3'-5' DEEP
O
GAS MAIN-
DEPTH
UNKNOWN CROSS-SECTION DETAIL
NOT TO SCALE Ci
LEGEND WATER MAIN
APPROXIMATELY
II
6' DEEP NORTH
FOUND PROPERTY
is _ _ _ EXISTING
CORNER LOT LINES
15.0' PREVIOUSLY RECORDED ORIGINAL SCALE 1" = 20'
LOT LINES
IMMI PRIVATE EASEMENT
- ROW LINE 0 5' 10' 20'
``,��,�,��������� I hereby certify that this land surveying document was
�,„ prepared and the related survey work was performed
��`� EGR; & '�,� by me or under my direct personal supervision and
�� .• •.�i0 , that I am a du1 licensed Land Surveyor under the laws
Q • .•• .. of the State,lo ow0.
W: D A N I E L J . ;��
z : HINGTGEN : = _____
EASEMENT EXHIBIT
Drawn by. DH Project No.:8795.00
Drawing Date: 5/11/2020
Drawing Name:K: \8795.00 - UD Welcome Center\CAD\
CAD Design \ Dan \ Utili ty Easem en t. dwg
engineers + planners + land surveyors
SHEET 1 of 1
l.i : 14052 5/✓/ooz_z)
•• -4) , Dan Hingtgen, n Surveyor Date
..' �•• ••• 14052
., � •.....• � License num er:
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'�".,���, /0WA'``��.`` My registration renewal date is December 31, 2020
Pages or sheets covered by this seal. ' <_ )