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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!��� _..•.♦♦�.,\•♦,.4 I + O00 � 0 *I 4 VW Ai: •-•.-.._.._..Etr _ _ •tve-Asp ,�'; ,���r♦'����...�.�`k�i.�' ��'��' 40.18 I 00. �V 1 S I . ../ (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: %.` '�".,���, /0WA'``��.`` My registration renewal date is December 31, 2020 Pages or sheets covered by this seal. ' <_ )