Hendricks Feed and Seed Co._Easement AcceptanceMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
Dubuque
bierd
All-America City
1
2007
SUBJECT: Hendricks Feed and Seed Co., Inc.
Acceptance of Storm Sewer, Underground Electric, Fiber Optic Cable,
Traffic Signals & Other Appurtenances Easement
DATE: January 6, 2012
The installation of new traffic signals in the Millwork District required the rerouting of a
portion of the existing storm sewer, underground electric, fiber optic cable, and other
appurtenances. This relocation encroached on part of City Lot 328 owned by Hendricks
Feed and Seed Co., Inc.
City Engineer Gus Psihoyos recommends City Council acceptance of an Easement with
Hendricks Feed and Seed Co., Inc. for Storm Sewer, Underground Electric, Fiber Optic
Cable, Traffic Signals and Other Appurtenances at 880 Central Avenue.
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
Dubuque
had
NI- America City
'I 1 1 I'
2007
TO Michael C Van Milligen, City Manager
FROM Gus Psihoyos, City Engineer
DATE January 6, 2012
SUBJECT Hendricks Feed and Seed Co , Inc
Acceptance of Storm Sewer, Underground Electric, Fiber Optic Cable,Traffic Signals & Other
Appurtenances Easement
INTRODUCTION
The purpose of this memorandum is to present a resolution accepting an Easement for Storm Sewer, Underground Electric,
Fiber Optic Cable, Traffic Signals and Other Appurtenances at 880 Central Avenue
DISCUSSION
The installation of new traffic signals in the Millwork District required the rerouting of a portion of the existing storm sewer,
underground electric, fiber optic cable, and other appurtenances This relocation encroached on part of City Lot 328 owned
by Hendricks Feed and Seed Co , Inc
An easement was executed by Hendricks Feed and Seed Co , Inc and is attached hereto
RECOMMENDATION
I recommend that the City accept the easement for the relocated storm sewer, underground electric, fiber optic cable, traffic
signals and other appurtenances from Hendricks Feed and Seed Co , Inc
ACTION TO BE TAKEN
I respectfully request that the City Council adopt the attached resolution accepting the Easement for Storm Sewer,
Underground Electric, Fiber Optic Cable, Traffic Signals and Other Appurtenances
Prepared by
Ron Turner, PLS
cc
Ron Turner, PLS
David Ness, PE
Prepared by:
Return to:
Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270
Ronald J. Turner, City of Dubuque, 50 W. 13'h Street, Dubuque, IA 52001 (563) 589 -4270
RESOLUTION NO. 23 -12
A RESOLUTION ACCEPTING THE GRANT OF AN EASEMENT FOR STORM
SEWER, UNDERGROUND ELECTRIC, FIBER OPTIC CABLE, TRAFFIC
SIGNALS AND OTHER APPURTENANCES THROUGH, UNDER AND
ACROSS A PART OF CITY LOT 328 IN THE CITY OF DUBUQUE
Whereas, Hendricks Feed and Seed Co., Inc. has executed an Easement
for Storm Sewer, Underground Electric, Fiber Optic Cable, Traffic Signals, and
Other Appurtenances through, under and across a part of City Lot 328 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 Storm Sewer,
Underground Electric, Fiber Optic Cable, Traffic Signals, and Other
Appurtenances through, under and across a part of City Lot 328 in the City of
Dubuque, Dubuque County, Iowa, from Hendricks Feed and Seed Co., Inc., a
copy of which is attached hereto.
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.
Attest:
Passed, approved and adopted this 6th day •`i Februar 2012.
Kevin S. i stahl, City Cler
Roy D. Buol, Mayor
Prepared by: Ronald J. Turner City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563)589 -4270
Return to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563)589 -4270
GRANT OF EASEMENT FOR STORM SEWER, UNDERGROUND ELECTRIC,
FIBER OPTIC CABLE, TRAFFIC SIGNALS & OTHER APPURTENANCES
For and in consideration of the sum of One and 00/100 Dollar ($1.00) and other
good and valuable consideration, the receipt whereof is hereby acknowledged,
Hendricks Feed and Seed Co., Inc.
880 Central
Dubuque, IA 52001
of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do
hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, a municipal
corporation, its agents and contractors, from the date hereof, a right -of -way and
easement through, under and across the following described real estate situated
in Dubuque, Iowa, to wit:
A part of City Lot 328 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 on the attached Exhibit A for the purpose of
constructing and maintaining storm sewer, underground electric, fiber optic cable,
traffic signals and other appurtenances in accordance with the Plans and
Specifications approved by the office of the City Engineer, along with the right,
privilege and authority to construct, reconstruct, maintain, operate, repair, patrol
and remove said improvements.
It is understood and agreed that the Grantee herein shall restore the disturbed
area due to the construction, maintenance or repair of said storm sewer,
underground electric, fiber optic cable, traffic signals and other appurtenances.
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 storm sewer
thereon or therein.
Dated at /)y /4lpu e
J6(0)u4 , 2012.
, --/, this x-174 day of
Hendricks Feed and Seed Co., Inc.
An Iowa Corporation
g/// atBy: G -47/7. . -oe_t
William H. Hendricks, Jr.
President
COUNTY OF DUBUQUE
On this day off 2012, before me, the undersigned, a Notary Public
in and for said State, personally appeared William H. Hendricks, Jr.,<
to me personally known, OR _ proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that
he /she /they executed the same in his /her /their authoriz d capacity(ies), and that by his /her /their
signature(s) on the instrument the person(s) acted, eX uted the i _ment.
(Notary Seal)
RONALD J. TURNER
Commission Number 18868!
icy Gomrnlsslon Expl ey 12
0777 ' - sign in ink)
Lg .*/. +,/` �sre✓(print/type name)
Notary Public in and for State of Iowa
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
_X_ CORPORATE OFFICER(S) President (Title)
(CORP SEAL)
AFFIXED
X_ NO SEAL PROCURED
PARTNER(S)__ LIMITED _
_ ATTORNEY -IN -FACT
TRUSTEE(S)
GUARDIAN /CONSERVATOR
OTHER
GENERAL
SIGNER IS REPRESENTING:
Hendricks Feed and Seed Co., Inc.
EXHIBIT "A"
Easement for Storm Sewer, Underground Electric, Fiber Optic,
Cable, Traffic Signals & Appurtenances over Part of City Lot 328
in the City of Dubuque, Dub. Co. IA
NORTH
0 10' 20'
SCALE 1" = 20' FEET
40'
ckotn
Easemen
Area (9'x12')
ccN
rn
'O
:2
Easement is locate.
1 foot from existing
concrete building wall
C.L. 279
City
Lot 280A
Legend
= Easement Area
(0.0) = Recorded Data
R.O.W. = Right of Way
Dubuque
CITY OF DUBUQUE
ENGINEERING DEPARTMENT
1r11w1M W
1III�1
2007
CITY HALL, 50 WEST 13th STREET
DUBUQUE, IA 52001 -4864
(583) 589 -4270 FIJC (56:
69 -420
B( 9J1 10:4. DCEC10
MILLWORK DISTRICT EASEMENT
5'P10J5C1
PtA Cwt r45390uu^t -5Ft e'
C Njntr 3502137
1 of
Hendricks Feed &
Seed Company, Inc.
EXHIBIT A
CITY LOT 328