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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