Acceptance of Grant of Easement for Water Main / Storm Sewer Utilities_Robert & Leann McDonaldCity of Dubuque Consent Items # 7.
ITEM TITLE:
SUMMARY:
SUGGESTED DISPOSITION:
Copyrighted
June 1, 2020
Acceptance of Grant of Easement for Water Main and
Storm Sewer Utilities over Robert & Leann McDonald
Property
City Manager recommending acceptance of a Grant of
Easement for Water Main and Storm Sewer Utilities across
Robert and Leann McDonald property being Part of Lot 1
in George Crane's Subdivision and Part of Lot 2 in
Fountain Hill Subdivision No. 3 in the City of Dubuque,
Iowa as part of the Roosevelt Water Tower Project.
RESOLUTION Accepting a Grant of Easement for water
main and storm sewer utilities through, over and across part
of Lot 1 in George Crane's Subdivision and part of Lot 2 in
Fountain Hill Subdivision No. 3 in the City of Dubuque,
Iowa
Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Acceptance of Grant of Easement from McDonald City Manager Memo
MVM Memo
Staff Memo Staff Memo
Resolution Resolutions
Grant of Easement Supporting Documentation
Area Map Supporting Documentation
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
Dubuque
bitil
All-A.aia City
111111
2007.2012.2013
2017*2019
SUBJECT: Acceptance of a Grant of Easement for Water Main and Storm Sewer
Utilities over Robert and Leann McDonald Property in Dubuque, Iowa as
part of the Roosevelt Water Tower Project
DATE: May 26, 2020
City Engineer Gus Psihoyos recommends City Council acceptance of a Grant of
Easement for Water Main and Storm Sewer Utilities across Robert and Leann
McDonald property being Part of Lot 1 in George Crane's Subdivision and Part of Lot 2
in Fountain Hill Subdivision No. 3 in the City of Dubuque, Iowa as part of the Roosevelt
Water Tower Project.
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
DATE: May 22, 2020
RE:
Dubuque
AII•Am rieaCity
�IIIII
2007.2012
2013.2017
Acceptance of a Grant of Easement for Water Main and Storm Sewer Utilities
over Robert and Leann McDonald Property in Dubuque, Iowa as part of the
Roosevelt Water Tower Project
INTRODUCTION
The purpose of this memorandum is to seek approval and acceptance of a Grant of Easement
for Water Main and Storm Sewer Utilities across Robert and Leann McDonald property being
Part of Lot 1 in George Crane's Subdivision and Part of Lot 2 in Fountain Hill Subdivision No. 3
in the City of Dubuque, Iowa as part of the Roosevelt Water Tower Project.
BACKGROUND
In June 2018, with support from the City Manager and Council, the City's consulting engineer,
IIW, P.C. of Dubuque, Iowa, completed planning and design of the Roosevelt Street Water
Tower Project, which included a 1.25-million-gallon elevated water storage tower, pressure
reducing stations, water main improvements, and water treatment plant pump improvements.
The Roosevelt Street Water Tower project is the result of extensive analysis to determine the
best solution to increase operating pressures in one of the City's nine pressure zones,
Pressure Zone 2. Several studies identified the need for increased pressures in the area as the
existing elevated water tower located in Eagle Point Park was determined to be limiting the
available water pressure in the zone. Most notably the pressure at the highest point along
Roosevelt Street, which has been recorded in the range of 20 and 25psi. This is problematic
when looking to achieve typical recommended system pressures of 60 to 80 psi with a
minimum working pressure of 35psi to serve current, new, and future developments.
In April 2019, the City of Dubuque awarded the Roosevelt Street 1.25 MG Elevated Water
Tower Project to McDermott International, dba CB&I, in the amount of $2,928,600, and
associated water distribution improvements to Portzen Construction of Dubuque, Iowa in the
amount of $986,620. The Roosevelt Street Water Tower, currently under construction, will
replace the functionally obsolete 0.5 million -gallon Eagle Point Park Elevated Tower and the
Stafford Street booster pump station, and provide maximum fire flows and accommodate
current and future water demands.
DISCUSSION
Part of the Roosevelt Street Water Tower project includes the installation of a new 12" water
main extension from Delicia Drive to the new tower site. This is considered a crucial
component of the Roosevelt Street Water Tower Project. This main extension serves as the
primary water feed to the new tower as well as creating a water loop through the Orchard Hills
Subdivision.
Storm drainage improvements are also a part of the project and follow the proposed 12" water
main to Delicia Drive. The water main and drainage improvements pass on and through
private property owned by the McDonalds.
The McDonalds have worked in good faith the City of Dubuque and are agreeable to granting
an easement for the water and storm drainage improvements as part of the Roosevelt Street
Tower Project.
RECOMMENDATION
I recommend accepting the Grant of Easement for Water Main and Storm Sewer Utilities
through, over and across part of Lot 1 in George Crane's Subdivision and Part of Lot 2 in
Fountain Hill Subdivision No. 3 in the City of Dubuque, Iowa, as shown on the attached Grant
of Easement document to facilitate the construction of the Roosevelt Water Tower Project.
ACTION TO BE TAKEN
I respectfully request acceptance of the Grant of Easement for Water Main and Storm Sewer
Utilities from Robert and Leann McDonald through the adoption of the enclosed resolution.
Prepared by Nate Kieffer, PLS
cc: Denise Blakeley Ihrig, Water Department Manager
Jesse Bernhardt, GIS Specialist
2
Mo=frrpirre on the Mi55i$5ippi
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EXTENSION
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DESIGN TEAM: Ilw i CITY OF DUBUQUE - WATER DEPT
/7
JAI
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10
DUBUQUE COUNTY
PROJECT NUMBER: 17127
WATER SYSTEM IMPROVEMENTS 2019 CONTRACT A
SHEET: C.04
REV..
6
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. 164-20
ACCEPTING A GRANT OF EASEMENT FOR WATER MAIN AND STORM
SEWER UTILITIES THROUGH, OVER AND ACROSS PART OF LOT 1 IN
GEORGE CRANE'S SUBDIVISION AND PART OF LOT 2 IN FOUNTAIN HILL
SUBDIVISION NO. 3 IN THE CITY OF DUBUQUE, IOWA
Whereas, ROBERT D. MCDONALD, II AND LEANN D. MCDONALD AS
TRUSTEES OF THE ROB AND LEANN MCDONALD FOUNTAIN HILL
REVOCABLE FAMILY TRUST NO. 3 DATED JULY 24, 2018, has executed a
Grant of Easement for Water Main and Storm Sewer Utilities through, over and
across Part of Lot 1 in George Crane's Subdivision and Part of Lot 2 in Fountain
Hill Subdivision No. 3 in the City of Dubuque, 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 and Storm Sewer
Utilities through, over and across Part of Lot 1 in George Crane's Subdivision
and Part of Lot 2 in Fountain Hill Subdivision No. 3 in the City of Dubuque, Iowa,
Iowa as shown on the Grant of Easement for Water Main and Fiber Optic Utility,
from ROBERT D. MCDONALD, II AND LEANN D. MCDONALD AS TRUSTEES
OF THE ROB AND LEANN MCDONALD FOUNTAIN HILL REVOCABLE
FAMILY TRUST NO. 3 DATED JULY 24, 2018, 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 and Storm Sewer Utilities with
the Dubuque County Recorder.
Passed, approved and adopted this 1st day of June 2020.
1
Attest:
C7
oy D. Buol, Mayor
Ke'6r S. Firnstahl, City Clerk
11
11
11
11
11
11
11
11
11
Doc ID 010500080005 Type GEN
Kind: EASEMENT
Recorded: 06/03/2020 at 12:06:30 PM
Fee Amt: $27.00 Page 1 of 5
Dubuque County Iowa
John Murphy Recorder
Fi1e2020 00007482
Prepared by: Rusell N. Kieffer, City of Dubuque 50 W., 18!h Street, Dubuque, Iowa 52691
Return to: Russell N. ileffer, City of Dubtique, 50 IN, 13th Street, Dubuque, Iowa 52001 (563)589-4270
GRANT OF EASEMENT FOR WATER MAIN & STORM SEWER UTILITIES
For and in consideration of the sum of Ten and 00/100s Dollars ($10.00) and
other good and valuable consideration, the receipt whereof Is hereby
acknowledged, ROBERT D. MCDONALD, fl AND LEANN D. MCDONALD AS
TRUSTEE 8 OF THE ROB AND LEANN MCDONALD FOUNTAIN HILL
REVOCABLE FAMILY TRUST NO. 3 DATED JULY 24, 2018, of Dubuque
County, State of Iowa, for themselves, their heirs and assigns, do hereby grant,
sell and convey to the CITY OF DUBUQUE, IOVVA, 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 1 in George Crane's Subdivision and Part of Lot 2 in Fountain
Hill Subdivision No. 3 in the City of Dubuque, Iowa as shown on Exhibit A
attached hereto and by reference made a part hereof.
Said easements shall be as shown on the attached Exhibit A for the purpose of
constructing and maintaining water main, storm sewer, and other appurtenances,
along with the right, privilege and authority to construct, reconstruct, maintain,
operate, repair, patrol and remove said improvements.
Together with the right to enter upon said property and occupy the temporal,/
easement area as shown op 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 saki 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,
9
rvi f)r) r;-:, - (13 A t, '1 A
Grantor shall not 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 haw 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 end
egress from arid over said real estate to maintain or repair said water main and
storm sewer thereon or therein.
Dated at Dubuque, Iowa this
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
day of , 2020,
THE ROB AND LEANN MCDONALD
FOUNTAIN HILL REVOCABLE
FAMILY TRUST NO. 3 DATED JULY
24, 20,
By:
By:
NOTARY PUB.
Robert D. McDonald, II, Tru
On this a day of rYlOtki , A.D., 2020 before me, the undersigned,
a Notary Public in and for said Coianty, in said State, personally appeared Robert
D. McDonald, II and Leann D. McDonald, 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.
MOM L. BETTCHER
CE0Artifseiera Number 7nsee.
My Comm. Exp.2:11
Act,,keky
rotary Public In and For Said State
10
Index Legend
Location:
Proprietor:
Requestor:
Surveyor:
Surveyor
Company.
EASEMENT EXHIBIT A
PERMANENT PUBLIC UTILITY, STORM WATER DRAINAGE AND
TEMPORARY CONSTRUCTION EASEMENT ACROSS PARTS OF LOT 1 IN
GEORGE CRANE'S SUBDIVISION AND LOT 2 IN
FOUNTAIN HILL SUBDIVISION #3 IN THE CITY OF DUBUQUE, IOWA
N8710'22"E LOT 18
PART OF LOT 1 IN GEORGE CRANE'S SUBDIVISION
AND LOT 2 IN FOUNTAIN HILL SUBDIVISION # 3
IN THE CITY OF DUBUQUE, IOWA
SEE BELOW
CITY OF DUBUQUE
CRAIG L. GEISER
IIW, P.C., 4155 PENNSYLVANIA AVE
DUBUQUE, IOWA 52002-2628
PHONE: (563)556-2462,
FOONT�/N LOT 2
)(6,4C SOe3
PERMANENT PUBLIC
UTILITY EASEMENT
7,035 SQ. FT.
TEMPORARY
CONSTRUCTION
EASEMENT
19,017 SQ. FT.
_.ndlllll���l�llllu�,.
NORTH
GRAPHIC SCALE
0 60
FOR RECORDER USE
34.00' 8.7' BLOCK 3
ORCHARD HILLS n
DELICIA DRIVE
(50' ROW) Ao
(120')f� vm
ti.
f I
n
70•,
I
0
0' I
45'
4
z
120
• 34' WIDE
o
co
1. PERMANENT PUBLIC
UTILITY AND STORM
w d- WATER DRAINAGE
". o . EASEMENT 15,117
z • SQ. FT.
M
31 LOT 6
0
I 0
p IO
CS 0
^ Rh
I•
LOT7
w I
O :b
ti g 3 O LOT 1
` 77723 _„. = Rc�/ARO
s\ \ W�L�"' pARkp
o Cq Ce
\ \sa, z
e<
WIDE /
I /
--EX 8' EASEMENT
5
60'
DRAWING MAY HAVE BEEN REDUCED
(185.83')
LOT 5
• PROPRIETOR: THE ROB & LEANN
MCDONALD FOUNTAIN HILL
' v REVOCABLE FAMILY TRUST NO. 3
U DATE OF SURVEY: MAY 18, 2015
rn
IM
NOTE Iv
THIS SURVEY IS SUBJECT TO
EASEMENTS, RESERVATIONS,
RESTRICTIONS AND
RIGHTS -OF -WAY OF RECORD
AND NOT OF RECORD.
••
II
INrEGRITY,EXPERTI1E.50LUTION9 yiL'r<nL'LL
magmmulmEL
f1,1-111,1111,1-
DRAWN SAF/OMK PLAT N0. EXHIBIT
CHECKED CLO/JMT PROJ. NO. 17127
DATE 6-1U-19 SHEET 1 of 1
P:\17\127\DRAMNGS\SUR4E1'\14049 EASEMENT E%H
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. 164-20
ACCEPTING A GRANT OF EASEMENT FOR WATER MAIN AND STORM
SEWER UTILITIES THROUGH, OVER AND ACROSS PART OF LOT 1 IN
GEORGE CRANE'S SUBDIVISION AND PART OF LOT 2 IN FOUNTAIN HILL
SUBDIVISION NO. 3 IN THE CITY OF DUBUQUE, IOWA
Whereas, ROBERT D. MCDONALD, II AND LEANN D. MCDONALD AS
TRUSTEES OF THE ROB AND LEANN MCDONALD FOUNTAIN HILL
REVOCABLE FAMILY TRUST NO. 3 DATED JULY 24, 2018, has executed a
Grant of Easement for Water Main and Storm Sewer Utilities through, over and
across Part of Lot 1 in George Crane's Subdivision and Part of Lot 2 in Fountain
Hill Subdivision No. 3 in the City of Dubuque, 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 and Storm Sewer
Utilities through, over and across Part of Lot 1 in George Crane's Subdivision
and Part of Lot 2 in Fountain Hill Subdivision No. 3 in the City of Dubuque, Iowa,
Iowa as shown on the Grant of Easement for Water Main and Fiber Optic Utility,
from ROBERT D. MCDONALD, II AND LEANN D. MCDONALD AS TRUSTEES
OF THE ROB AND LEANN MCDONALD FOUNTAIN HILL REVOCABLE
FAMILY TRUST NO. 3 DATED JULY 24, 2018, 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 and Storm Sewer Utilities with
the Dubuque County Recorder.
Passed, approved and adopted this 1st day of June 2020.
Roy D. Buol, Mayor
Attest:
Ke in S. Firnstahl, City Clerk
STATE OF IOWA
CERTIFICATE of t he CITY CLERK
) 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. 164-20 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 2nd day of June, 2020.
Kevin $. Firnstahl, CM , City Clerk
-0qq. •
'kik A
!:3
EASEMENT AGREEMENT
BETWEEN
ROBERT D. AND LEANN D. MCDONALD AS
TRUSTEES OF THE ROB AND LEANN MCDONALD
FOUNTAIN HILL REVOCABLE FAMILY TRUST NO. 3
DATED J U LY 24, 2018,
AND
THE CITY OF DUBUQUE, IOWA
Whereas, Robert D. McDonald, II and Leann D. McDonald as Trustees of the Rob
and Leann McDonald Fountain Hill Revocable Family Trust No. 3 Dated July 24, 2018
(Property Owner) are the owner of the following described real estate (the Property):
Lot 2 of Fountain Hill Subdivision No. 3 and Lot 1 of George Crane's
Subdivision, in the City of Dubuque, Iowa; and
Whereas, the City of Dubuque (City) proposes to construct public water main,
public storm sewer, and storm water drainage channel improvements as shown on Exhibit
B attached hereto (the Project) on part of the Property; and
Whereas, the Project will require that Property Owner grant easements to City as
shown on Exhibit A for the construction and maintenance of the Project improvements;
and
Whereas, Property Owner 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. PROPERTY OWNER RESPONSIBILITIES. Property Owner agrees to:
(1) Grant a permanent public utility easement, a permanent stormwater
drainage easement, and a temporary construction easement to City in the
form of the Grant of Easement attached hereto as Exhibit A.
(2) Work with City to minimize interference with farm tenant on the easement
area. In the event a crop cannot be planted, or crop damage occurs the
parties agree to compensate for crop damage as outlined in Section 2 (5).
SECTION 2. CITY RESPONSIBILITIES. City agrees to:
(1) Construct the Project on the Property. Project to be completed by
November 1, 2020; and
(2) After construction of the Project, City will restore all surfaces on the Property
to the condition of the Property prior to construction; and
(3)
Install new public water main from Orchard Drive and a hydrant as shown
on Exhibit C attached hereto; and
(4) Based on Compensation Estimate shown on attached Exhibit D,
compensate Property Owner in an amount of $5,186.64 for the value of the
public utility easement, permanent stormwater drainage easement, and
temporary construction easement as shown on Exhibit A.; and
(5)
Work with Property Owner to minimize interference with Farm Tenant on
the easement area. In the event a crop cannot be planted, or crop damage
occurs the parties agree the City will compensate the Farm Tenant for crop
damage as outlined below:
oopYp
C om ensat'on
Corn
$ 750 per Acre
Beans
$ 600 per Acre
Calculations:
Corn - Yield 200 bushels/Acre x $3.75/Bushel = $750 per Acre
Beans - Yield 60 bushels/Acre x $10/Bushel = $600 per Acre
(6) Compensate Property Owner, for any legal fees incurred in the review of
the agreement or grant of easement documents to a maximum value of
$500.00; and
(7) Record the Grant of Easement.
(8) Waive connections fees for the property owner, but only in the event the city
mandates connection to city water system by the property owner or the
property owner's heirs, successors, or assigns or private wells are
disallowed by any governmental authority.
(9)
The easement shall remain in place in perpetuity and shall be binding on
the parties' respective successors in interest and shall run with the land.
(10) Hold the Property Owner harmless for any damages arising out of the
construction, maintenance and operation of the City's easements across
the Property Owner's property.
SECTION 3. THE PARTIES AGREE:
(1) Compliance of this agreement shall be governed by and constructed in
accordance with the laws of the State of Iowa.
2
(2) An award of reasonable attorney's fees to the prevailing party in any
litigation arising out of this agreement is appropriate.
F
(ow*
KEVIN S. FIRNSTAHL
COMMISSION NO.745295
MY O IS !ON EXPIRES
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
CITY OF DUBUQUE, IOWA
By: ; Z�
AJliehael an Mil #y-Ma°r-�a'ger
Roy D. Buol, Mayor
On this 1st day of June , A.D., 2020 before me, the undersigned, a Notary
* Public in and for said County, in said State, personally appeared-Miettael-Miiiigeir,
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.
*Mayor Roy D. Buol
STATE OF IOWA,
By:
By:
Nota Public in and For Said State
THE ROB AND LEANN MCDONALD
FOUNTAIN HILL REVOCABLE
FAMILY TRUST NO. 3 DATED JULY
24, 2018
Robert D. McDonald, II, Trustee
Leann D. McDonald, Trustee
NOTARY PUBLIC
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COUNTY OF DUBUQUE, SS:
On this day of rflct..., . , A.D., 2020 before me, the undersigned, a Notary
Public in and for said County, in said State, personally appeared Robert D. McDonald, II
and Leann D. McDonald, 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.
es -rut kuil-
Notary Public in and For Said State
JACK-ta BETTCHER
�or.�riss�e u Number 7793$6•
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