Caradco Landlord, Warehouse Development_Grant of EasementMasterpiece on the Mississippi
Dubuque
bierd
All- America City
1
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 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
'I L►
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 consists of 3 sections of concrete encased
conduit, at a depth of five feet (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 conduit 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 and approved by the City Engineer, Water
Department and Legal Department
RECOMMENDATION
I would recommend that a public hearing be held to grant an easement across
Washington Street to accommodate an easement for the Caradco Landlord, LLC &
Warehouse Development LLC, private utility encroachment in Washington Street right -
of -way.
ACTION TO BE TAKEN
The attached resolution should be submitted to the City Council for consideration and to
approval for the granting of easement for the Caradco Landlord, LLC & Warehouse
Development LLC, private utility encroachment in Washington Street right -of -way. The
private utility easement consists of conduits for power, telephone, cable and future
needs.
Prepared by Jane Smith, EAII
cc: Crenna Brumwell, Asst. City Attorney
Ron Turner, P.L.S.
Jon Dienst, P.E.
Steve Brown, Project. Manager
Brant Schueller, Water Department
2
ACCEPTANCE OF RESOLUTION NO. 30-12 and 31-12
I (we), the undersigned, John Gronen,
representing the Caradco Landlord LLC. and Warehouse Development LLC have read
the terms and conditions of the Resolution No. 30- 12 and 31 -12 and being familiar with
the conditions thereof, hereby accept this same and agree to the conditions required
therein.
Dated in Dubuque, Iowa this 158-4 day of Ali 2CH' 200 -
2012.
BY I
o J GQ0A0.1
Title i2e. Gedeio ' ?bR.1TIa/J , INC
ALL PURPOSE ACKNOWLEDGMENT
STATE OF IOWA
COUNTY OF DUBUQUE )
On this 042 day of F-1'3 0-, , 20.a, before me, the undersigned, a
Notary Public in and for said State, personally appeared c ir-i
(NAME /S) to me personally known, OR pr ved 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
authorized capacity(ies), and that by his /her /their signature(s) on the instrument the
person(s) acted, executed the instrument.
AU IE-9'TECPF&
Notarial Seal - Iowa
Commission # 747902r
My Commission Expires"
C
Q -,� (sign in ink)
(print/type name)
Notary Public in and f r State of Iowa
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
CORPORATE OFFICER(S) I E
(CORP SEAL)
AFFIXED
NO SEAL PROCURED
PARTNER(S) LIMITED GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN /CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
Name of Person(s) or Entity(ies):
O, -m -6CD -t Jbtt c1 et c-/
(Title)
i,.)'-iousti
Prepared by:
Return to:
Ron J. Turner, City of Dubuque, 50 W 13th, Dubuque, IA 52001 -(563) 589 -4270
Ron J. Turner, City of Dubuque, 50 W 13th, Dubuque, IA 52001 -(563) 589 -4270
RESOLUTION NO. 30 -12
RESOLUTION GRANTING 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 has requested
a "Grant of Easement" for Private Utility for an underlying portion of Washington Street
for the fiber, television, power, telephone, cable and future needs; and
Whereas, Buesing & Associates, Inc. has prepared and submitted to the City
Council an exhibit showing the underlying portion of Washington Street, running
between Lot 1 of Caradco Place and Lot 2 -1 of Center City Place #3 for the proposed
private service utilities; and
Whereas, the City Council of the City of Dubuque, Iowa, has determined that the
portion of underlying Washington Street can be utilized for this private utilities services
crossing of Washington 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 fiber, television,
power, telephone, cable and future needs to the Caradco Landlord LLC & Warehouse
Development LLC, 900 Jackson Street be and the same is hereby approved.
Passed, approved and adopted this 6th day of ebruar , 2012.
PI Lel
Roy D. Buol, Mayor
Kevin s .Firnstahl, City Clerk
Prepared by: Ron J. Turner, City of Dubuque, 50 W 13th, Dubuque, IA 52001 -(563) 589 -4270
Return to: Ron J. Turner, City of Dubuque, 50 W 13th, Dubuque, IA 52001 -(563) 589 -4270
RESOLUTION NO. 31 -12
RESOLUTION DISPOSING OF CITY INTEREST BY GRANT OF EASEMENT TO
CARADCO LANDLORD LLC & WAREHOUSE DEVELOPMENT LLC OF DUBUQUE
FOR AN UNDERLYING PORTION OF WASHINGTON STREET
Whereas, pursuant to resolution and published notice of time and place of
hearing, published in the Telegraph Herald, a newspaper of general circulation
published in the City of Dubuque, Iowa on this 20th day of January, 2012, the
City Council of the City of Dubuque, Iowa met on the 6th day of February, 2012, at 6:30
p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa, to consider the
proposal for the granting of easement described as:
Washington Street, north of the intersection of East 9th Street, in the City of
Dubuque, Dubuque County, Iowa
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all
objections, oral or written to the proposed granting of easement.
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 by the City of
Dubuque for underlying portion of Washington Street described as under and across
right -of -way north of East 9th Street between Lot 1 of Caradco Place and Lot 2 -1 of
Center City Place #3 in the City of Dubuque, Iowa, be and the same is hereby approved
for the sum of $500.00, plus mapping costs.
Section 2. The City of Dubuque reserves unto itself a perpetual easement of
this same described area for the purpose of erecting, installing, constructing,
reconstructing, repairing, owning, operating and maintaining all public utilities.
Section 3. That the Mayor be authorized and directed to execute the Grant of
Easement for private utility and the City Clerk be and is hereby authorized and directed
to deliver said Grant of Easement to the Caradco Landlord LLC & Warehouse
Development LLC upon receipt of the $500.00 payment.
Section 4. That the City Clerk be and is hereby authorized and directed to
record a certified copy of this Grant of Easement for private utility in the offices of the
City Assessor, Dubuque County Recorder and Dubuque County Auditor.
Passed, approved and adopted this 6th day ofFebruary
2012.
Kevin Firstahl, City Clerk
Roy D. Buol, Mayor
Buesing & Associates Inc.
Engineers & Surveyors
1212 Locust St.
Dubuque, IA 52001
(563) 556 -4389
January 5, 2012
Ron Turner, PLS
City of Dubuque Engineering Department
50 W 13th Street
Dubuque, IA 52001
RE: Grant of Easement for Private Utility
We are the Engineering firm for Caradco Building LLP & Warehouse Development
LLC., and on their behalf we are preparing this request for your approval to grant a
permanent thirty -five (35) foot easement locating in Washington Street right of way just
north of the intersection of East 9th Street on Lot 1 of Caradco Place in the City of
Dubuque.
The underground utility will be centered on three banks of PVC conduit lines as
constructed and as shown on the attached "Exhibit A" for the purpose of constructing
and maintaining Fiber Optic Cable lines and PVC casing pipe, hereinafter called, Private
Utility as noted on the above parcel.
If you need further information, please feel free to contact me.
Yours truly,
Buesing & Associates, Inc.
By: Terry L. Koelker, PLS
For the Caradco Building LLP & Warehouse Development LLC., Group
Prepared By: Buesinq & Associates, Inc., 1212 Locust Street, Dubuque, IA 52001 (563)- 556 -4389
Return To: Buesing & Associates, Inc., 1212 Locust Street, Dubuque, IA 52001 (563)- 556 -4389
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 Caradco Building
LLP & Warehouse Development LLC (Grantee) its agents, contractors and assigns, owners of
Lot 1 of Caradco Place 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, IA to -wit:
Washington Street, North of the intersection of East 9th Street, in the City of Dubuque,
Dubuque County, Iowa.
A permanent easement thirty -five (35) feet wide centered on three banks of PVC Conduit lines,
currently proposed for fiber, television, power, telephone and cable, and future utility needs, as
constructed and as shown on the attached Exhibit A, for the purpose of constructing and
maintaining utility conduits, all encased in concrete, 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. Proposed clearances from public utilities of storm sewer is zero
with utility directly below, clearance is seven foot (7') above sanitary sewer and clearance from
watermain is less than six inches (6 ").
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 indemnify, hold harmless, and defend, at its own expense, on behalf of said City,
any claim against the City and pay on behalf of the City all sums which the City shall become
obligated to pay by reason of the liability imposed upon the City of Dubuque for damages or
injury of any kind, including third persons, resulting from location, installation, existence,
construction, or maintenance of said Private Utility and to pay reasonable attorney fees
therefore.
This easement does not constitute any approval of the design, erection, location, construction,
repair or maintenance of said Private Utility and grantee agrees not to assert such claim or
defense against the City of Dubuque in 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, television, 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.
Grantee must register with Iowa One -Call. Upon request, Grantee shall submit documentation
to the City Engineer of Iowa One -Call registration membership.
To have and to hold unto Caradco Building LLP & Warehouse Development LLC, 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 6th day of February
Attest:
Kevin S Fi nstahl, City lerk
STATE OF IOWA, DUBUQUE COUNTY, ss:
CI
, 2012.
D BUQUE, IOWA
Roy D. uol, Mayor
On this 6th day of February , 2012, 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 my 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. 31 -12 and that the said Roy D. Buol and
Kevin S. Firnstahl as such officers, acknowledge the execution of said instrument to be the
voluntary act and deed of said municipal corporation, by_it and _b them tarily executed.
TRISH L. GLEASON
4",;14.'' Commission Number 719986
iowp. - My Commission Expires
, Notary Public
PREPARED ST BUSSING & ASSOCIATES
ADDRESS 1212 LOCUST STREET OUBUOUE IOWA 52001 PHONE- (5535 555 -4359
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 #15487 • _,
PROPERTY LINE
„ENTER LINE ROW
SAN SANITARY SEWER LINE
STS STORM SEWER
— W W WATER MAIN
L/llllGB2 /olliloi A& BUILDING FOOTPRINT
BACK OF CURB
RIGHT OF WAY ROW
OF GE
toy ^MAP
GEC a
Ill llllnlllllnllllll
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SPs'�
00'
u l "Ir 00\4
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STS —STS
s\
SPN
�/ 9-\,\\,,,,o) S SPA /
BS�S�r s� / > _
CY' 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 RIGHT OH WAY LINE
EXISTING SANITARY
SHEET TITLE
PROJECT NO 11122
EXHISIT A
PARED -0R
GRRNEN RESTORATION
c/o JOHN & MAR' GRONEN
10855 MAIN ASTREET
Du5000E 5'0m
UESING
ASSOCIATES INC.
ENGINEERS AND SURVEYOR
I 211 LOCUST ST. OUSUOUE.
(762) 556 -4389
OAT
REVISIONS
01/05/12
DRAWN BY
NWL
SEAL E
CHECKED BY
KLB
CITY OF DUBUQUE,
IOWA
NOTICE OF PUBLIC
HEARING
PUBLIC NOTICE is
hereby given that the
City Council of the City
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, 2011
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 i
fiber, television, power,
telephone and cable,
and future ' utility
needs; and
Whereas, Buesing &
Associates has pre- i
pared and submitted to
the City Council an ex-
1 hibit showing the un-
derlying portion of
Washington Street,
I north of the intersec-
t tion of E. 9th Street,
running between Lot 1
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, IO-
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. f
Ric W. Jones,
Mayor Pro -Tern
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 NPublic in and for Dubuque County, Iowa,
this d6i day of Notary
� , 20 /4g.,
otary Public in and for Dubuque County, Iowa.