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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 �a N SPs'� 00' u l "Ir 00\4 I lqI� rl� CB 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.