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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 APPROXIMATE LOCATION OF PROPOSED UTILITY EASEMENT DIJCLAY•lel: This .nbrmalle, .es cemvlkd Ang tw n0r.,q a era. rawurphe [rr.,,..rn sr.rarn 'A`;Es). rnvv1 0CR4or. ore 0001000 nv oven me atv m CuLAr..ie am PLuvx Ccvity I: h...Jerakkaf YwL nhlk meaty awouv.. mo prtap*.04 .47010u0Icco the r current and xcur.te hfcn-nao. a.v ly lr, DACES mn .Ca wprx wa do Kt ...Trent N. ao.rar Cr ,o. Too cf 0M nw.n,roen a 0n.com.0Mnanan 1FV City rN prtkprth; anncM *411 not"_. F,ty.*Mtfaremd0.ct. h4K.:t. IncdoKe* [ink p1r•epe• •r q]Y1.11 iY.in.r. .! AWNwr hi•xww*lI it 0100 eel!., warp eot e} tM ev.h0lMd u ,aa:mer W ] ute of Una Wt.the vgy:l:tr tp use tha drtearv,taFmr tnem a` ,wrxn[v+rheuewr. EASEMENT AGREEMENT EXHIBIT C 1 inch = 300 feet 10050 0 100 200 300 400Feet APPROXIMATE LOCATION OF WATER MAIN EXTENSION FROM ORCHARD DRIVE N 1 5 • DAGIS Map Prepared by Cdy of Dubuque Engineering Division 50 Weld 13lh Sire:ei Dubuque, Iowa 52001 Phone: (563) 539-4270 Fax: (563) 589-4205 0 ,nPmeio. 1. ALL CONTRACTORS SHALL CONDUCT 11R OPERATIONS IN A YwMTAT IIIFE EROSIR! AND PREVENTSSEDIMENT rFGT LEAVING THE PROJECT SHE 2. REFER TO EROSION F EROSION LMONT ON STREET 802 FOR f]9I.1NifON OF . 09IXi 90EM F O. OVER S REIRAC1 T]PSGA TO w WARM OEM OF O. rPffR AL; oRARV EO AREA. l IlaTIE sa 1 CONSIT SLUE RIVEMASTIC SHALL A0CE55 TIE sac RACT2CAI R SHALL DMVE S 10 CCI[TRAGTOR CESSCLEAR ON TRUU T12 9i TO PO EfEIp0T vIENENARY C0 OUIO NECESRUCTSARY THE AR PROPOSED STAGING 11 T E P PROPOSED DESTE. i ROOT PER STAGING CLEAR THE P GROB TH 9TE. RATER SHALL LIFAR a_GRIIR THE ENTIRE WATER TOWER SITE 6- 81A. TMIRG£UENTN OfilvE21*ACTICES (3.100 A OPIA SPACES AND DRIVEWAY SLOPED TOWARD WQ1 SPAQS 8 SMILES RN LCP ( NL Dig O6 Pvi vCP 5 INV.-511112 6- NGP w .50.-516.16 NC N mv.-61e.32 la LE 210. FRC Nw P,V,H21.21.]0 TN UR F0Y-525:17 21 RCP E WV.-6I9.1T 1I _103 w INv,-6200T 11. RCP SE 111V-120.32 • Ca R111-02E.1*0 15- RCP 5 INV.-523.88 1,4 Wu=020.16 k 100..02131 O CR RIU-811 62 16' RCP 5 WV- DV 16 c lace Rw-631.E71 is- RCP SUMMED GSSVSTRUo1ON ENTRANCE PER ELMS FIGURE 9011120 • ••- '"••••• •"•••�• .T —/- l / /' y.%i Y•21 INLET PHUIECTON PER SHOALS 5?A10eNU — - / / .Cs ( 10E0E1CATpNS, SECTON 2010, PN. / / / EXHIBIT B IMPROVEMENT PLAN _ —SO— STABILIZED CONSTRUCTION_ ENTRANCE PER 51l0ASA, FIGURE 90.12o % D1,AI j ROLL® EROSION CONTROL / 1 PRNUOSLO[PES PER SWTIIVE ..' / 1 FGUE 002a103 1 / `l 'SO— 1 { '-1\• \1 IIIII / \\Illl1\ Il�llll y ll ylll l ▪ ,. \ ry }FENS t.I;a 1+ fxVRE PER SUOAS eG1a a, TrP.; �{fl !� l 1IaI'iu1A ^�*tY.{ �.' I �+�-+•'� ti.�,', / �rlf1 PRODUCTCROWN 1c CONTROL / h1 1/! " hs ' � l °" aoPc 16L. wo.s FIGURE EOW.10.1 //11 16 F 22rrAL suer FEET 0 Z RPAY0IP VAT NAVE 6E11 PI II=O GOLD ]EA'O.k.E DR L a cR MYw6T890 b^ RCP s V.611.9 .Ho 15. REP N iN6r1.9G c • ON 11I16-376.07 E pro 0 *[Viv.1811• % - --/ R0.LEU TERCNION CAECA OWITPOL. +fir P IN CHANNEL 0120 P IYPE 2A� IN CHANNEL PER ALAS FIGURE 90.1o,Iw' DESIGN TEAM: Ilw i CITY OF DUBUQUE - WATER DEPT /7 JAI -i I i 1 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 3 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• 4