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Caradco Landlord LLC and Warehouse Development LLC Grant EasementMasterpiece on the Mississippi Dubuque knerd All-America City hill! 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Caradco Landlord LLC & Warehouse Development LLC Grant of Easement on Washington Street DATE: January 10, 2012 City Engineer Gus Psihoyos recommends that a public hearing be set for February 6, 2012 to consider granting an easement across Washington Street to accommodate private service lines for fiber, television, power, telephone, cable, and future needs for the Caradco Landlord LLC & Warehouse Development LLC, property which is in process of renovation at 900 Jackson Street. I concur with the recommendation and respectfully request Mayor and City Council approval. 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: Caradco Landlord LLC & Warehouse Development LLC Grant of Easement on Washington Street DATE: January 10, 2012 INTRODUCTION Dubuque All- America City ' 1 2007 This is in response to Caradco Landlord, LLC & Warehouse Development LLC, for the granting of an easement across Washington Street to accommodate private service lines for fiber, television, power, telephone, cable and future needs for the Caradco Landlord LLC & Warehouse Development LLC, property which is in process of renovation at 900 Jackson Street DISCUSSION The attached exhibit shows the Washington Street right -of -way and the location of the 35' private utility easement The construction of the utility crossings was started in mid December After City staff became aware of the work it was determined that the work was for private services, therefore requiring an easement The construction of the utility crossings consists of three banks of PVC conduit lines encased in concrete, at a depth of five foot (5') below the ground surface, with tracer tape for each bank of conduits The two most southerly banks each consist of eight (8) 4" conduits for power and the northerly bank consists of three (3) 4" and two (2) 2" for telephone, cable and future needs The conduits banks do run directly under the storm sewer, are separated from the sanitary by seven foot and water main by less than six inches (6 ") The other public utilities of gas and telephone factored into the available space for the private conduit banks The Caradco Landlord LLC &Warehouse Development LLC 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 Caradco Landlord LLC & Warehouse Development LLC. All documents have been reviewed by the City Engineer, Water Department and Legal Department. RECOMMENDATION I would recommend that the "Grant of Easement" for private utility for the proposed service lines encroachment in the public right -of -way of Washington Street be forwarded to City Council to be set for public hearing. ACTION TO BE TAKEN The attached resolution should be submitted to the City Council for consideration and to set a public hearing on February 6, 2012 for the granting of easement for the Caradco Landlord, LLC & Warehouse Development LLC to cross the Washington Street right -of- way. . Prepared by Jane Smith, EAII cc: Crenna Brumwell, Asst. City Attorney Ron Turner, P.L.S. Jon Dienst, P.E. Steve Brown, Project. Manager Bob Green, Water Plant Manager Brant Schueller, Water Department F \JANE SMITH \ROW\ROWENCR \ EASEMENTS \Caradco Landlord & Warehouse Development 2 RESOLUTION NO. 17 -12 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST BY GRANT OF EASEMENT FOR PRIVATE UTILITY TO CARADCO LANDLORD LLC & WAREHOUSE DEVELOPMENT LLC OF DUBUQUE FOR AN UNDERLYING PORTION OF WASHINGTON STREET Whereas, Caradco Landlord LLC & Warehouse Development LLC of Dubuque have requested a "Grant of Easement" for private utilities for an underlying portion of Washington Street for the current supply of private fiber, television, power, telephone and cable, and future utility needs; and Whereas, Buesing & Associates has prepared and submitted to the City Council an exhibit showing the underlying portion of Washington Street, north of the intersection of E. 9th Street, running between Lot 1 Caradco Place and Lot 2 -1 Center City Place #3 for the proposed private service utilities 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 City of Dubuque intends to grant an easement for an underlying portion of Washington 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 Caradco Landlord LLC & Warehouse Development LLC of Dubuque be contingent upon the payment of $500.00, plus platting fees. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of City interest by grant of easement for an underlying portion of Washington Street to be published in the manner as prescribed by law. Passed, approved and adopted this 17th day o Januar , 2012. Attest: Key n$ Firnstahl, City C erk Ric W/ o ' es, Mayor Pro -Tem RESOLUTION NO. RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST BY GRANT OF EASEMENT FOR PRIVATE UTILITY TO CARADCO LANDLORD LLC & WAREHOUSE DEVELOPMENT LLC OF DUBUQUE FOR AN UNDERLYING PORTION OF WASHINGTON STREET Whereas, Caradco Landlord LLC & Warehouse Development LLC of Dubuque have requested a "Grant of Easement" for private utilities for an underlying portion of Washington Street for the current supply of private fiber, television, power, telephone and cable, and future utility needs; and Whereas, Buesing & Associates has prepared and submitted to the City Council an exhibit showing the underlying portion of Washington Street, north of the intersection of E. 9th Street, running between Lot 1 Caradco Place and Lot 2 -1 Center City Place #3 for the proposed private service utilities 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 City of Dubuque intends to grant an easement for an underlying portion of Washington 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 Caradco Landlord LLC & Warehouse Development LLC of Dubuque be contingent upon the 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 Washington Street to be published in the manner as prescribed by law. Passed, approved and adopted this day of , 2012. Ric W. Jones, Mayor Pro -Tem Attest: Kevin J. Firnstahl, City Clerk PREPARED 57 BUESINS & ASSOCIATES ADDRESS 1212 LOCUST STREET OUBUOUE IOWA 52001 PHONE- (553 555-4369 EXHIBIT A 35' WIDE PRIVATE UTILITY EASEMENT ACROSS WASHINGTON STREET, DUBUQUE, IOWA 0' 15' 30' LEGEND PRIVATE 35' UTILITY EASEMENT FOUND 5/8" ROD W /ORANGE CAP #15437 • _, PROPERTY LINE „ENTER LINE ROW SAN SANITARY SEWER LINE STS STORM SEWER — W W WATER MAIN o! /. /!!!!l. /llllL� ?lolliloiUi[ BUILDING FOOTPRINT BACK OF CURB RIGHT OF WAY ROW OF GE toy ^MAP GEC a Ill llllnlllllRIIIIII BN a N SPs'� gI5- Irl� Inrl111UN lll'oS /oR� u l "Ir 00\4 CB STS —STS c,\' SPN �/ 9�N o�i S SPA / BS�S�r s� 'R / > _ C-I ' K6 SPN SpN SAN CROSS SECTION DETAIL NOT TO SCALE BACK OF OF CURB EXISTING STORMSEWER S RIGHT OF I WAY LINE r PVC CONDUITS CONTAINING 0 FIBEROPTIC CABLE �� EXISTING WATERMAIN RICHT OH WAY LINE EXISTING SANITARY SHEET TITLE PROJECT NO 11122 EXHISIT A P.--PARED 'OR GRONEN RESTORATION c/o JOHN & MAR' GRONEN 10855 MAIN ASTREET DUBUOUE 5,0m UESING ASSOCIATES INC. ENGINEERS AND SURVEYOR 1211 LOCUST ST. OUSUOUE. rn (S62) 5 6 -4259 OAT REVISIONS 01/05/12 DRAWN 31', NWL SLAT E CHECKED BY KLS CITY OF DUBUQUE, IOWA NOTICE OF PUBLIC HEARING PUBLIC NOTICE is hereby given that the City Council of the City 1 of Dubuque, Iowa, will hold a public hearing on the 6th day of Feb- ruary, 2012, at 6:30 p.m. in the Historic Federal Building. 350 West 6th Street, Dubu- que, Iowa, at which meeting the City Coun- cil proposes to dispose of City interest by Grant of Easement for private utility to Caradco Landlord LLC & Warehouse Develop- ment LLC of Dubuque for an underlying por- tion of Washington Street, north of the in- tersection of E. 9th Street, running be- tween Lot 1 Caradco Place and Lot 2 -1 Cen- ter City Place #3 At the meeting, the City Council will re- ceive 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 Coun- cil may at this meeting or at any adjournment thereof, take additional action for the disposi= tion of the City's inter- est in such real estate above, or will abandon the proposal. Any visual or hearing impaired persons needing special assis- tance or persons with special accessibility needs should contact the City Clerk's Office at (563) 589 -4120 or TTY (563) 690 -6678 at least 48 hours prior to the meeting. Dated this 20th day of January, 2012. Kevin S. Firnstahl City Clerk It 1/20 RESOLUTION NO. 17-12 RESOLUTION OF IN- TENT TO DISPOSE OF CITY INTEREST. BY GRANT OF EASEMENT FOR PRIVATE UTILITY TO CARADCO LAND- LORD LLC & WARE- , HOUSE DEVELOP- MENT LLC OF DUBU- QUE FOR AN UNDER- LYING PORTION OF WASHINGTON STREET Whereas, Caradco Landlord LLC & Ware- house Development LLC of Dubuque have requested a "Grant of Easement" for private utilities for an underly- ing portion of Washing- ton Street for the cur- rent supply of private fiber, television, power, telephone and cable, and future ' utility needs; and Whereas, Buesing & Associates has pre- pared and submitted to the City Council an ex- hibit showing the un- derlying portion of Washington Street, north of the intersec- tion of E. 9th Street, running between Lot 1 Caradco Place and Lot 2 -1 Center City Place #3 for the proposed private service utilities inrthe City of Dubuque, Dubuque County, Iowa, should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, 10- WA: Section 1. That the City of Dubuque in- tends to grant an ease- ment for an underlying portion of Washington Street in the City of Du- buque, Dubuque Coun- ty, Iowa. Section 2. That the granting of easement in the City of Dubuque, Dubuque County, Iowa to the Caradco Land- lord LLC & Warehouse Development LLC of Dubuque be contingent upon the payment of $500.00, plus platting fees. Section 3. That the City Clerk be and is hereby authorized and directed to cause a no- tice of intent to dis- pose of City interest by grant of easement for an underlying portion of Washington Street to be published in the manner as prescribed by law. Passed, approved and adopted this 17th day of January, 2012. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk It 1/20 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: January 20, 2012, and for which the charge is $42.50. Subscribed to before me a Notary Public in and for Dubuque County, Iowa, this X06* day of ����E4' , 20 /X- . otary Public in and for Dubuque County, Iowa. j! is 8,1-3Y K. W ES "'-