University of Dubuque Geothermal Line_Grant of Easement for Bennett StreetMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: University of Dubuque Grant of Easement on Bennett Street
DATE: November 15, 2011
Dubuque
kittd
AA- America City
i 1.'
2007
City Engineer Gus Psihoyos recommends City Council approval of a grant of easement
across Bennett Street to accommodate the geo- thermal system for the University of
Dubuque Performing Arts Center.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
1,1144' kr,g4,c,,,
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: University of Dubuque Grant of Easement on Bennett Street
DATE: November 14, 2011
INTRODUCTION
Dubuque
hitri
All- America City
2007
This is in response to University of Dubuque for the granting of an easement across
Bennett Street to accommodate the geo- thermal system for the University of Dubuque
Performing Arts Center.
DISCUSSION
The attached exhibit shows the Bennett Street right -of -way and the proposed crossing
of the high- density polyethylene (HDPE) supply and return geo - thermal lines for the
Performing Arts Center. The University of Dubuque has submitted and received
approvals for the geo - thermal system and associated work from the Dubuque County
Health & Zoning Department and the Iowa Department of Natural Resources.
The construction of the geo - thermal lines consist of a two, ten inch (10 ") diameter steel
sleeves, two, eight inch (8 ") HDPE geo- mains, at approximately six feet (6') below the
ground surface, with tracer wire. This system will not be connected to the city's potable
water system for filling or maintenance. City Engineering will review the shop drawings
for clearances from existing and potential improvements of city utilities at the proposed
easement area.
The proposed piping, other than at the Bennett Street crossing, will be on the University
of Dubuque's property going from Grace Street on the easterly side of McCormick,
cross Bennett Street then continue southerly on the University's property, all as shown
on the attached drawing.
The University of Dubuque is responsible for paying for the reviews, easement
submittal, publication and recording fees, in the amount of $500. The mapping costs are
also born by the University of Dubuque.
All documents have been reviewed and approved by the City Engineer, Water
Department, Building Services Department, and Planning & Zoning Department.
RECOMMENDATION
I would recommend that a public hearing be held to grant an easement across Bennett
Street to accommodate an easement for the University of Dubuque's geo- thermal
system encroachment in Bennett Street right -of -way.
ACTION TO BE TAKEN
The attached resolution should be submitted to the City Council for consideration and
approval for the granting of easement for the University of Dubuque's geo - thermal
system encroachment in Bennett Street right -of -way.
Prepared by Jane Smith, EAII
cc: Ron Turner, PLS
Bob Schiesl, Assistant City Engineer
Steve Brown, Project Manager
Todd Shoemaker, Environmental Engineer
Brant Schueller, Water Distribution Department
Jerry Stoffel, Building Services
Tom Reed, Building Services
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WHKS & co.
1701 ROUTE 35 NORTH EAST DUBUQUE, IL 61025
ENGINEERS PLANNERS LAND SURVEYORS
MASON CITY, IA ROCHESTER, MN DUBUQUE, IA
AMES, IA SPRINGFIELD, IL
EXHIBITA
10.0' WIDE UTILITY EASEMENT ACROSS
BENNETT STREET, DUBUQUE, IOWA
SCALE 1" = 40'
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BENNETT STREET
PROFILE
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I EASEMENT
10 "123 TEcL
CASING IN
STREET ROW
• 2.8'
PROPOSED 8" •
' GEOTHERMAL LINES
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• 8.6'
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WHKS & c0.
1701 ROUTE 33 NORTH EAST DUBUQUE. IL 61025
ENGINEERS PLANNERS IMO SURVEYORS
BASON OTY. IA ROCHESTER. UN DUBUQUE. IA
AYES, IA SPRINGFIELD. IL
EXHIBIT B
UTILITY SECTION FOR GEOTHERMAL CROSSING
BENNETT STREET, DUBUQUE, IOWA
Prepared by:
Return to:
Ron J. Turner, City of Dubuque, 50 West 13th Street, Dubuque, IA 52001 (563) 589 -4270
Ron J. Turner, City of Dubuque, 50 W 13th, Dubuque, IA 52001 -(563) 589 -4270
RESOLUTION NO. 389 -11
RESOLUTION GRANTING EASEMENT FOR PRIVATE UTILITY TO UNIVERSITY OF
DUBUQUE FOR AN UNDERLYING PORTION OF BENNETT STREET
Whereas, University of Dubuque has requested a "Grant of Easement" for Private Utility
for an underlying portion of Bennett Street for the supply and return lines of a geo- thermal
system; and
Whereas, WHKS has prepared and submitted to the City Council an exhibit showing the
underlying portion of Bennett Street, running between Lot 2 -15 and Lot 1- 1 -2 -14 both in
O'Hare's Subdivision, for the proposed geo- thermal lines; and
Whereas, the City Council of the City of Dubuque, Iowa, has determined that the portion
of underlying Bennett Street can be utilized for this geo- thermal line crossing of Bennett 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:
Section 1. That the "Grant of Easement" for Private Utility for geo - thermal lines to
the University of Dubuque be and the same is hereby approved.
Passed, approved and adopted this 21st
Kevin S. Firnstahl, City Clerk
Roy D. Buol, Mayor
ACCEPTANCE OF RESOLUTION NO. 389 -11
I (we), the undersigned, I, • *_ `�
representing the University of Dubuque, have read the terms and conditions of the
Resolution No. 389 - 11, and being familiar with the conditions thereof, hereby accept
this same and agree to the conditions required therein.
2011.
Dated in Dubuque, Iowa this q day of d 0.13,1.str
Nam&,��i�'w1'
Title
Prepared by: Ronald J. Turner, City of Dubuque, 50 West 13th Street, Dubuque, IA 52001 (563) 589 -4270
Returned to: Ronald J. Turner, City of Dubuque, 50 West 13th Street, 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 13th 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 Lot 2 -15 and Lot 1- 1 -2 -14 all
in 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:
Bennett Street east of the intersection of McCormick St. in the City of Dubuque,
Dubuque County, Iowa.
A permanent easement ten (10) feet wide centered on two geothermal lines as constructed and
as shown on the attached Exhibit A, for the purpose of constructing and maintaining two 8"
underground geothermal lines and casing pipe, 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.
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,
Toss, 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 may be required by the Code of Iowa. If applicable, Grantee shall
submit documentation to the City Engineer of Iowa One -Call registration membership.
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 21st
, 2011.
day of November
Attest:
Kevin irnstahl, City Clerk
STATE OF IOWA, DUBUQUE COUNTY, ss:
ITyl OF DUBUQUE, IOWA
Roy D. Buol, Mayor
On this 21 Gr day of November , 2011, 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. 361 -11 and that the said Roy D. Buol and Kevin
S. Firnstahl as such officers, acknowledged the execution of s -idd instrument to be the vof
act and deed of said municipal corporation, by it and by the • oluntarily
SUSAN M. WINTER
COMMISSION NO.183274
MY COMMISSION EXPIRES
SSION
OP !1 /iA %IiffrAwVFMtf
/ , Notary Public
CITY OF DUBUQUE,
IOWA
NOTICE OF PUBLIC
NEARING
PUBLIC NOTICE is
hereby given that the
City Council of the City
of Dubuque, Iowa, will
hold a public hearing
on the 21st day of
November, 2011, at
6:30 p.m. in the Historic
Federal Building, 350
West 6th Street,
Dubuque, Iowa, at
which meeting the City
Council proposes to
dispose of an interest
in the following
described real property
to the University of
Dubuque:
An underlying portion
of Bennett Street,
running between Lot 2-
15 and Lot 1- 1 -2 -14
both in O'Hare's
Subdivision for the
proposed geo- thermal
lines in the City of
Dubuque, Dubuque
County, Iowa
At the meeting, the
City Council will
receive oral and
written objections from
any resident or
property owner of said
City to the above
action. After all
objections have been
received and con-
sidered, the City
Council may at this
meeting or at any
adjournment thereof,
take additional a'cfioon
for the disposition of
the City's interest in
such real estate above,
or will abandon the
proposal.
Any visual or hearing -
impaired persons need-
ing special assistance
or persons with special
accessibility needs
should contact the City
Clerk's office at (563)
589 -4120 or TDD at
(563) 590 -6578 at least
48 hours prior to the
meeting.
Dated this 11th day of
November, 2011.
Kevin S. Firnstahl
City Clerk
It 11/11
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, 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: November 11, 2011, and for which the charge is $21.25.
Subscribed to before m
fl day of�
Notary Public }n and for Dubuque County, Iowa,
this / ,20 //
Notary Public in and for Dubuque County, Iowa.
MARY K. WESTERMEYER
Commission Numbsr 154 :185
RESOLUTION NO. 370
RESOLUTION OF
INTENT TO DISPOSE
OF CITY INTEREST BY
GRANT OF:EASEINENT
FOR PRIVATE UTILITY
TO UNIVERSITY OF
DUBUQUE FOR AN
UNDERLYING POR-
TION OF BENNETT
STREET
Whereas, University
of Dubuque has
requested a "Grant of
Easement" for private
utility for an underlying
portion of Bennett
Street for the supply
and return lines of a
geo- thermal system;
and
Whereas, WHKS has
prepared and submit -,
ted to the City Council
an exhibit showing the
underlying portion of
Bennett Street, running
between Lot 2 -15 and
Lot 1- 1 -2 -14 both in
O'Hare's Subdivision
for the prroposed geo-
thermal Fines in the
City of Dubuque,
Dubuque County, Iowa,
should be approved.
'NOW, THEREFQRE, 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 an
underlying portion of
Bennett Street in the
City of Dubuque,
Dubuque County, Iowa.
Section 2. That the
granting of easement
in the City of Dubuque,
Dubuque County, Iowa
to • the University of
Dubuque be contingent
upon thee payment of
$500.00, plus platting
fees.
Section 3. That the
City Clerk be and is
hereby authorized and
directed to cause a
notice of intent to
dispose of City interest
by -grant of, easement
for an : underlying
portion of Bennett
Street to be published
in the manner as
prescribed by law.
Passed, approved and
adopted this 7th day of
November, 2011.
Roy D. Buol, Mayor
Attest
Kevin S. Firnstahl,
City Clerk
it 11 /11
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, 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: November 11, 2011, and for which the charge is $18.77.
Subscribed to before me, a otary Public in and for Dubuque County, Iowa,
l/
this a day of , 20 // .
Notary Public in and for Dubuque County, Iowa.
MARY K, WESTERMEYER
�a
k�omml3siGn Number 154585 ;: