University of Dubuque Grant of Easement on Algona Street_HearingCity of Dubuque
ITEM TITLE:
SUMMARY:
SUGGESTED DISPOSITION:
Copyrighted
June 1, 2020
Public Hearings # 1.
University of Dubuque Grant of Easement on Algona Street
Rig ht-of-Way
Proof of publication on notice of public hearing to consider
granting an easement to the University of Dubuque for the
private utilities conduit through the Algona Street right-of-
way, and the City Manager recommending approval.
RESOLUTION Disposing of City interest by Grant of
Easement for private utility to University of Dubuque for an
underlying portion of Algona Street
RESOLUTION Granting Easement for Private Utility to
University of Dubuque for an underlying portion of Algona
Street
Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description
Grant of Easement on Algona Street-MVM Memo
Staff Memo
Resolution to Dispose
Grant of Easement Resolution
Intent to Dispose Resolution No. 152-20 of 5/18/20
UD Easement
Exhibit A
Type
City Manager Memo
Staff Memo
Resolutions
Resolutions
Supporting Documentation
Supporting Documentation
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 Algona Street
DATE: May 26, 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 City Council approval of 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.
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 20, 2020
Dubuque
klertldi
11hAneriea City
I
111'
2007.2012.2013
2017*2019
INTRODUCTION
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 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" to 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
approved.
ACTION REQUESTED
The attached resolutions should be submitted to the City Council for consideration for
the disposal of City interest and 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
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
05/22/2020
and for which the charge is 61.69
Subscribed to before me, a Notary P blic in and for
Dubuque County, Iowa,
this 22nd day of May, 2020
ublic in and for Dubuque County, Iowa.
JANET K. PAPE
Commhsalon Number 199859
My Comm. Exp. DEC 11, 2022
Ad text : CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the City Council of the
City of Dubuque, Iowa, will hold a public hearing at 6:30 p.m.
on the 1st day of June, 2020 in the Historic Federal Building,
350 West 6th Street, second floor, Dubuque, Iowa, (and/or by
virtual means) at which meeting the City Council proposes to
dispose of an interest in the following described real
property by easement to the University of Dubuque:
An 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, Dubuque County, Iowa.
Copies of supporting documents for the public hearings are
on file in the City Clerk's Office, City Hall, 50 W. 13th St.,
Dubuque, Iowa, and may be viewed during normal working hours.
Written comments regarding the above public hearings may be
submitted to the City Clerk's Office, 50 W. 13th St., Dubuque,
IA 52001, on or before said time of public hearing. The
public is invited to provide input prior to, during, and after
the meeting. Ways to provide questions or comments include:
? Contact the City Council
www.cityofdubuque.org/councilcontacts
? City Clerk's Office at ctyclerk@cityofdubuque.org
? During the meeting - Citys Facebook page
www.facebook.com/cityofdubuque
Individuals with limited English proficiency, vision,
hearing or speech impairments requiring special assistance
should contact the City Clerk's Office at (563) 589-4100, TDD
(563) 690-6678, ctyclerk@cityofdubuque.org as soon as
feasible. Deaf or hard -of -hearing individuals can use Relay
Iowa by dialing 711 or (800) 735-2942.
In the event that a meeting at the Historic Federal Building
location is not possible as a result of the COVID-19 pandemic,
instructions for a virtual meeting and public input will be
posted on the meeting agenda on Friday, May 29, 2020 at
https://www.cityofdubuque.org/agendas.
Kevin S. Firnstahl, CMC City Clerk
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.
Prepared by:
Retum to:
111111111111 111IIIIIIIIIIIIII I11 I 11111111111111111
Doc ID 010526980010 Type GEN
Kind: EASEMENT
Recorded: 07/09/2020 at 02:05:20 PM
Fee Amt: $52.00 Page 1 of 10
Dubuque County Iowa
John Murphy Recorder (� Q Q Q
Fi1e2020-0000988
Nate Kieffer, City of Dubuque, 50 W 13th St. Dubuque, IA 52001 (563) 589-4270
Nate Kieffer, City of Dubuque, 50 W 13th St. 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 13t' 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 eight (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.
52°°
City Engi sneer
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 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 1st day of June 2020.
YOF DUBUQUE, IOWA
Roy D. Buol, Mayor
Attest:
4
Kevin • Firnstahl, CMC City Clerk
STATE OF IOWA, DUBUQUE COUNTY, ss:
On this 1st day of June , 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.
•. JEAN M. NOEL
Commissbn Numbe 74
x- My Comm. Exp.
an M. Noel
N tary Pu c
University of Dubuque
James Steiner
Vice President of Finance and Auxiliary Services
GRANTEE ACKNOWLEDGEMENT
STATE OF IOWA)
COUNTY OF DUBUQUE)
I
rte
On this ok4 day of 3107-- , 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) w. • e name(s) is/are
subscribed to the within instrument and acknowledged to s• - that he = ey executed the
same in his/her/their authorized capacity(ies), and that :I his •er el (..nature(s) on the
instrument the person(s) acted, executed the instrument
(Notary Seal)
STACY NEWMAN
Notary Public - State of Idaho
Commission Number 20201954
My Commission Expires Jun 1, 2026
(sign in ink)
1r'Y1111(print/type name)
Notary Public in and for State of Iowa
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
X CORPORATE OFFICER(S) Vice President of Finance
(CORP SEAL)
AFFIXED
X_ NO SEAL PROCURED
PARTNER(S) _X_ LIMITED GENERAL
ATTORNEY -IN -FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
and Auxiliary Services (Title)
SIGNER IS REPRESENTING
University of Dubuque
PREPARED BY: Dan Hingtgen, L.S. 14052 WHICS & 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 BY:
UNIVERSITY OF DUBUQUE
FIELD SURVEY CONDUCTED ON:
October 10, 2019
N 1/2 OF LOT
10 ANN
O'HARES
SUBDIVISION
EXISTING
SIDEWALK
RPOPOSED
SIDEWALK
�
I
I
I
I
I
y
1
•
or.
1 -
73
64\c6'3
I I
I
I
i
I LOT 5 &LOT 2
I OF SUB. OF
I LOT 2 OF THE LOT 2 OF LOT
1 EAST 75.60 FEET 1 OF LOT 6
OF THE NORTH
ONE-HALF OF
LOT 10 OF ANN
O'HARES
SUBDIVISION
, SE Corner of Proposed
Easement is the SW
Corner of Lot 2 of the
` East 75.60 feet of the
1 North 1/2 of said Lot 10 _`,S
EXISTING
TELEPHONE
- - - - - -- - - - PED.-"
EXISTING UD
FIBER VAULT
UGHT
POLE
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sX
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4Q'8 �' �� � �,`��
. ♦'����-r�.�1-•�'f` , ` O�
4018 i \NV Ow -` 2
t
` DikNoA'' i
LOT2OFLOT2OFLOT2
OF THE NORTH ONE-HALF
la
S 1/2 OF LOT �► OF LOT 10 OF ANN
10 ANN SIDEWALK A O'HARES SUBDIVISION
O'HARES
SUBDIVISION LOT 1 OF SUB.
` 1 OFLOT 2OF
1 LOT 1 OF LOT 6
A. 1
40.0'
I
I 27
,
TELEPHONE
UNKNOWN
t
1
O
GAS MAIN -
DEPTH
UNKNOWN
LEGEND
PROPOSED UD FIBER-
3'-5' DEEP
CROSS-SECTION DETAIL 0
NOT TO SCALE
WATER MAIN
APPROXIMATELY
6' DEEP NORTH
❑ FOUND PROPERTY _ _ _ EXISTING
CORNER LOT LINES
15.0' PREVIOUSLY RECORDED - ORIGINAL SCALE 1" = 20'
LOT LINES
PRIVATE EASEMENT
- _ - ROW LINE 0 510' 20'
,`,,,,,,,,,,,�� I hereby certify that this land surveying document was
�. ,, prepared and the related survey work was performed
�s`�` v$OR & ,, by me or under my direct personal supervision and
Eck•• •'• •. that I am a d • licensed Land Surveyor under the laws
C . . of the State • owo.
W DANIEL J. _ ‘Al/ /
' A :
EASEMENT EXHIBIT
Drawn by. OH Project No.: 8795.00
Drawing Date:5/1r/2020
Drawing Nome: K. \8795.00 - UD Welcome Cente/\CADI
CAD Design\Don�Ulility Easement dwg
m gir * planners a land surveyors
SHEET 1 of 1
HINGTGEN : i�;�.A
14052 . '<" ; �' S�i7ldo40
:•�•• •• Don Hingtgen, Ai':Surveyor Date
* ••. f License num•er 14052
�'*., IOWA,,,, My registration renewal dote Is December 31, 2020
,''""""''', Pages or sheets covered by this seal. / (.01')$)
Prepared by:
Return to:
Nate Kieffer, City of Dubuque, 50 W 13th St. Dubuque, IA 52001 (563) 589-4270
Nate Kieffer, City of Dubuque, 50 W 13th St. Dubuque, IA 52001-(563) 589-4270
RESOLUTION NO. 167-20
RESOLUTION DISPOSING OF CITY INTEREST BY GRANT OF EASEMENT FOR
PRIVATE UTILITY TO UNIVERSITY OF DUBUQUE FOR AN UNDERLYING PORTION
OF ALGONA STREET
Whereas, pursuant to resolution and published notice of time and place of hearing,
published in the Telegraph Herald, a newspaper of general circulation published in the
City of Dubuque, Iowa on the 22nd day of May, 2020, the City Council of the City of
Dubuque, Iowa met on this 1st day of June, 2020, at 6:30 p.m. in the Historic Federal
Building, 350 W. 6th Street, Dubuque, Iowa, to consider the proposal for the granting of
easement described as: and
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; and
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all
objections, oral or written to the proposed granting of easement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Grant of Easement for private utility by the City of Dubuque for
underlying portion of 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, be and the same is hereby approved for the
sum of $500.00, plus mapping costs.
Section 2. The City of Dubuque reserves unto itself a perpetual easement of this
same described area for the purpose of erecting, installing, constructing,
reconstructing, repairing, owning, operating and maintaining all public utilities that
would not interfere with the existence of the private utility.
Section 3. The Mayor be authorized and directed to execute the Grant of Easement
for private utility and the City Clerk be and is hereby authorized and directed to deliver
said Grant of Easement to University of Dubuque upon receipt of the $500.00 payment.
Section 4. That the City Clerk be and is hereby authorized and directed to record a
certified copy of this Grant of Easement for private utility in the offices of the Dubuque
County Recorder.
Passed, approved and adopted this 1st day of June 2020.
D. Buol, Mayor
Attest:
Kevin(S. Firnstahl, CMC City Clerk
STATE OF IOWA
CERTIFICATE of the 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. 167-20 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.
Kevit S. Firnstah , CMC, City Clerk
Prepared by: Nate Kieffer. City of Dubuque, 50 W 13th St. Dubuque, IA 52001 (563) 589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W 13th St. Dubuque, IA 52001-(563) 589-4270
RESOLUTION NO. 168-20
RESOLUTION GRANTING 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 the 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; and
Whereas, the City Council of the City of Dubuque, Iowa, has determined that the
portion of underlying Algona Street can be utilized for the fiber optics and coax cable
utilities crossing of Algona Street, as shown on the Exhibit A, in the City of Dubuque,
Dubuque County, Iowa, should be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
The "Grant of Easement" for Private Utility for the fiber optics and coax cable utilities
to the University of Dubuque be and the same is hereby approved.
Passed, approved and adopted this 1st day of June 2020.
IP L
oy D. Buol, Mayor
Attest:
Kevi S. Firnstahl, City Clerk
STATE OF IOWA
CERTIFICATE of the 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. 168-20 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.
Kevipf S. Firnstahl, CMC, City Clerk