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Grant of Easement for Water Main Utility from DMASWA Copyrighted September 8, 2020 City of Dubuque Consent Items # 31. City Council Meeting ITEM TITLE: Grantof EasementforWaterMain Utilityfrom DMASWA SUM MARY: City Manager recommending acceptance of a Grant of Easement for Water Main Utility over Dubuque Metropolitan Area Solid Waste Agency (DMASWA) Property in Dubuque, lowa, as part of the DMASWA Water Main Extension Project- Phase 1. RESOLUTION Accepting a Grant of Easement for Water Main Utility through, over and across part of the balance of Lot 1 of Lot 2 of Lot 1, except Lot A of Lot 1 of Lot 2 of Lot 1, of the Subdivision of the North Factional Half of the Northeast Quarter of Section 6, Township 88 North, Range 2 East of the Fifth P.M., in the City of Dubuque, Dubuque County, I owa SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type DMASWA Grant of Easement for Water Main Utility- City Manager Memo MVM Memo Staff Memo Staff Memo Resolution Resolutions Water Main Easement Supporting Documentation Area Map Supporting Documentation Dubuque THE CITY OF � ui-Aseria cih DuB E , . � . , � II � Maste iece on tj2e Mississi i zoo�•zoiz•zois YP pp zoi�*zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Acceptance of Grant of Easement for Water Main Utility over Dubuque Metropolitan Area Solid Waste Agency (DMASWA) Property in Dubuque, lowa, as Part of the DMASWA Water Main Extension Project - Phase 1 DATE: September 1, 2020 City Engineer Gus Psihoyos recommends City Council acceptance of a Grant of Easement for Water Main Utility from the Dubuque Metropolitan Area Solid Waste Agency (DMASWA) across property described as part of the Balance of Lot 1 of Lot 2 of Lot 1, Except Lot A of Lot 1 of Lot 2 of Lot 1, of the Subdivision of the North Fractional Half of the Northeast Quarter of Section 6, Township 88 North, Range 2 East of the Fifth P.M., in the City of Dubuque, Dubuque County, lowa. I concur with the recommendation and respectfully request Mayor and City Council approval. v � 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 Dubuque THE CITY OF � All•An�eriea Ciq D �/ L L uaxwai��x rn a r � � �� Maste iece on the Mississi i Z°°'�Z°1Z'z°13 � pp zoi�*zoi9 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer DATE: August 21, 2020 RE: Acceptance of a Grant of Easement for Water Main Utility over DMASWA property in Dubuque, lowa as part of the DMASWA Water Main Extension Project— Phase 1 INTRODUCTION The purpose of this memorandum is to seek approval and acceptance of a Grant of Easement for Water Main Utility across Dubuque Metropolitan Solid Waste Agency (DMASWA) property being part of the Balance of Lot 1 of Lot 2 of Lot 1, Except Lot A of Lot 1 of Lot 2 of Lot 1, of the Subdivision of the North Fractional Half of the Northeast Quarter of Section 6, Township 88 North, Range 2 East of the Fifth P.M., in the City of Dubuque, Dubuque County, lowa as part of the DMASWA Water Main Extension Project— Phase 1. BACKGROUND DMASWA is currently working with the Landfill Group, LLC to develop and construct a new biogas plant and associated site improvements on DMASWA property. DISCUSSION To facilitate site improvements to accommodate the construction of the biogas plant, DMASWA has agreed to construct approximately 225 feet of new 12-inch water main to the northerly right- of-way line of Airborne Road. Once the water main is extended and available, it will be the responsibility of Landfill Group, LLC to construct the remainder of the water main to serve the biogas plant site. DMASWA has executed a grant of easement for the water main improvements as part of the DMASWA Water Main Extension Project— Phase 1. The City and DMASWA have agreed that DMASWA will be responsible for the cost of the construction of the project. Once the project is complete DMASWA will dedicate the public improvements to the City for ownership and maintenance. RECOMMENDATION I recommend accepting the Grant of Easement for Water Main Utility from DMASWA across part of the Balance of Lot 1 of Lot 2 of Lot 1, Except Lot A of Lot 1 of Lot 2 of Lot 1, of the Subdivision of the North Fractional Half of the Northeast Quarter of Section 6, Township 88 North, Range 2 East of the Fifth P.M., in the City of Dubuque, Dubuque County, lowa, as shown on the attached Grant of Easement document to facilitate the construction of the DMASWA Water Main Extension Project — Phase 1. ACTION TO BE TAKEN I respectfully request acceptance of the Grant of Easement for Water Main Utility from DMASWA through the adoption of the enclosed resolution. Prepared by Nate Kieffer, PLS cc: Denise Blakeley Ihrig, Water Department Manager Jesse Bernhardt, GIS Specialist Bob Schiesl, Asst. 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Ad � �ISCLAIMER�.T��o�-'a�o��Um co-'�ed s�g va�o��da�a�o��ce� o�a"a°'e'°a°°'°�rta°�a°�°��0e°��°'°J�we��e°��a��re s.s°x 11°Sheet N *Subject to Survey Verification ,n�=��o�a,�o�,ne��,a�k�ow�e��,na,wn��e,ne��,y�,��=,ne most current antl accuate mfo�mation avalable,IM1e City tloes not ' �a��na a��,a�,o,��„e��Y o��na��o�a��o�o,da�a�o��a��ad 1 inch=300 feet a a��eY��o��_��o�a��o�,�na�=a,�,aa=�a��Y,_�o� created by:TW K 2020-02-28 ,a�o��b�a�o,�na m��a o,m,��a,P,a�a��o�o�a�Y��o�a��o� 0 150 300 Feet - dsplayetl in IM1is map antl�M1e Ci�yis no�fiable for any loss,tlamage,or updated by: mconveniencecausetlasaresul�ofrefianceonlM1emfoimation. � 1 1 1 � � 111 11 Vi u i II Doc ID 010569210005 Type GEN Kind: EASEMENT Recorded: 09/10/2020 at 02:53:10 PM Fee Amt: $27.00 Page 1 of 5 Dubuque County Iowa John Murphy Recorder Fi1e2020-00013670 Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13t" Street, Dubuque, Iowa 52001 (563)589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13t" Street, Dubuque, Iowa 52001 (563)589-4270 GRANT OF PERMANENT EASEMENT FOR WATER MAIN UTILITY For and in consideration of the Ten and 00/100 dollars ($10.00) and other good and valuable consideration,;; the receipt whereof is hereby acknowledged, Dubuque Metropolitan Area Solid Waste Agency ("Grantor"), of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, ("Grantee"), 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 the Balance of Lot 1 of Lot 2 of Lot 1, Except Lot A of Lot 1 of Lot 2 of Lot 1, of the Subdivision of the North Fractional Half of the Northeast Quarter of Section 6, Township 88 North, Range 2 East of the Fifth P.M., in the City of Dubuque, Dubuque County, Iowa, as shown on Exhibit A attached hereto and by reference made a part hereof. Said easement shall be as shown nn the attached Exhibit A for the purpose of constructing and maintaining water main utilities and other appurtenances, along with the right, privilege and authority to construct, reconstruct, maintain, operate, repair, patrol and remove said improvements. Said easement shall also include the right to cut, trim or remove trees, bushes and roots as may be required incident to rights given herein. Together with the right to enter upon said property 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 said water main and appurtenances. �-�o® t rg� - Grantor shall not erect any structure over or within the easement area without obtaining the prior written approval of the City Engineer. 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 have 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 and egress from and over said real estate to maintain or repair said water main utilities thereon or therein. Dated at Dubuque, Iowa this 19 day of A k 5+ 2020. DUBUQUE tylETROPOLITAN AREA WASTE AGENCY David er, Chairperson NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this cld day of 1,1y1/..C7— , A.D., 2020 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared David T. Resnick to me known to be the identical person(s) named in and who executed the within and foregoing instrument, to which this is ched, and fnowIedged that they executed the same as their voluntary act deed. RAMONA J. MANTERNACH Cammlerion Number MOS 14 Comm. Exp. - - and For Said State Reserved for Recorder Prepared By: Nate Kieffer 50 West 13th St. Dubuque,IA 52001 Ph:563-589-4270 Dubuque krad All -America City 111/IF 2007 CITY OF DUBUQUE ENGINEERING DEPARTMENT CITY HALL, 50 WEST 13th STREET DUBUQUE, IA 52001-4864 PHONE (563) 589-4270 FAX (563) 589-4205 Drawn By: RNK Approved By: RNK Date: 07.17-2020 PART OF THE BALANCE OF LOT 1-2-1, EXCEPT LOT A-1-2-1, OF THE SUB. OF N. FRACT. 1 / 2 OF NE 1 / 4 SECTION 6, T88N, R 2E OF 5TH PM, CITY OF DUBUQUE, IOWA C.I.P. Number: Sheet Number: 1 of 1 NORTH 0 25' 50' SCALE 1" = 50' FEET 100' NOTE: THIS SURVEY IS LOCATED IN THE NE 1/4 SECTION 6, T88N, R2E (TABLE MOUND TOWNSHIP) OF THE 5TH P.M. IN THE CITY OF DUBUQUE, DUBUQUE COUNTY IOWA LEGEND 0 R.O.W. (100.00') NOTES: FOUND IRON ROD/PIPE SET 5/8" REBAR WITH YELLOW PLASTIC CAP # 18128 RIGHT OF WAY RECORD DIMENSION LINE BREAK ADJACENT PROPERTY LINE RIGHT OF WAY LINE PROPOSED EASEMENT LINE 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. 2. PROPRIETOR OF ABOVE DESCRIBED LOT: DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY 3. SURVEY REQUESTED BY: CITY OF DUBUQUE, 50 W. 13TH ST. DUBUQUE, IOWA 4. THIS EASEMENT PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Land Surveyor under the laws of the State of Iowa. For the City of Dubuque 7444 ?/l . f- O-r;-zozo Russell N. Kieffer Iowa Lic. No. 18128 Date My license renewal date is December 31, 2020 Pages or sheets covered by this seal: THIS PAGE ONLY a h � co PART OF BALANCE OF LOT 1-2-1 N HALF NE QUARTER SEC. 6 T88N R2E OF 5TH PM 20' WIDE WATER MAIN UTILITY EASEMENT CENTERLINE 20' WIDE EASEMENT / / / / / / / / / / / / / / / / / / / nd FD. 1 /2" IRON ROD AT NW CORNER LOT A-1-2-1 CITY OF DUBUQUE EXHIBIT A - WATER MAIN UTILITY EASEMENT EDP-2100 COUNTY DUBUQUE PARCEL NO. 1506200016 JOB NO. (684)-7Y-31 PROJECT DMASWA WATER EASE. SECTION 6 TWP 88N RANGE 2E ROW -FEE N/A „EXIST. ROAD N/A PERM. EASEM'T SEE ABOVE LEGAL DESCRIPTION LOT 1-2-1 N. 1 /2NE 1 /4 SEC. 6, T88N, R2EOF5THPM. CITYOFDUBUQUE; IOWA OWNER DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY 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. 275-20 ACCEPTING A GRANT OF EASEMENT FOR WATER MAIN UTILITY THROUGH, OVER AND ACROSS PART OF THE BALANCE OF LOT 1 OF LOT 2 OF LOT 1, EXCEPT LOT A OF LOT 1 OF LOT 2 OF LOT 1, OF THE SUBDIVISION OF THE NORTH FRACTIONAL HALF OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE FIFTH P.M., IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Dubuque Metropolitan Area Solid Waste Agency, has executed a Grant of Easement for Water Main Utility through, over and across part of the Balance of Lot 1 of Lot 2 of Lot 1, Except Lot A of Lot 1 of Lot 2 of Lot 1, of the Subdivision of the North Fractional Half of the Northeast Quarter of Section 6, Township 88 North, Range 2 East of the Fifth P.M., 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. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Easement for Water Main Utility through, over and across part of the Balance of Lot 1 of Lot 2 of Lot 1, Except Lot A of Lot 1 of Lot 2 of Lot 1, of the Subdivision of the North Fractional Half of the Northeast Quarter of Section 6, Township 88 North, Range 2 East of the Fifth P.M., in the City of Dubuque, Dubuque County, Iowa as shown on the Grant of Easement for Water Main Utility, from Dubuque Metropolitan Area Solid Waste Agency, a copy of A, high iS attached herrrtr. 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 Utility with the Dubuque County Recorder. Passed, approved and adopted this 8th day of September 020. Roy D. Buol, Mayor Kq in S. Firnsfah-lf-CMC, ity Clerk CERTIFICATE of the CITY CLERK STATE OF IOWA ) 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. 275-20 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, I nwa Dated at Dubuque, Iowa, on this 9th day of September, 2020. Kevrh S. Firnstahl, CMC, City Clerk