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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 OCI i•..'' sX � 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