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TS Business Group LLC_Grant of EasementEXHIBIT A LO-TI -N 150'-- S =1 =83' - E 300'-W -430 OF -LOT 2- 2=OF-= SE -1=f4 SE 1 /4 -=SE-C 21 T89N, R2E, 5th P.M. In the City of Dubuque Dubuque,County, IA. OWNER: TS BUSINESS GROUP LLC N R.O.W. Line (295.65') I_ T c ,) aa) w 1) I rn co W Temporary Easement ,c a� E w 12E-0 1- 132 +/- Building s s 1701 JOHN F. KENNEDY RD. (300.00') � R.O.W. Line E PENNSYLVANIA AVE. AVE. s JOHN F. KENNEDY RD. R.O.W. = RIGHT OF WAY (000.00') = RECORDED bIMENSION — = PERMANENT EASEMENT LINE — = TEMPORARY EASEMENT LINE - PROPERTY LINE = PERMANENT EASEMENT AREA NOTE: EASEMENT AREA SHALL BE ESTABLISHED ON BOTH SIDES OF THE RETAINING WALL AS CONSTRUCTED AND SHOWN HEREON. NORTH 0 25' 50' 100' SCALE 1" = 50' FEET Dubuque CITY OF DUBUQUE betd ENGINEERING DEPARTMENT CITY HALL, 50 WEST 13th STREET Ail- America City DUBUQUE, IA 52001 -4864 IF PHONE (563) 589 -4270 1 Approved By. RJT FAX (563) 589 -4205 Drawn By. NMS I Date: 04-18-2012 EXHIBIT A 1701 JOHN F. KENNEDY RD. 2007 C.I.P.Nurnber: 1 SheelNumben 1 of 1 Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Accept Grant of Easement for Floodwall Improvements TS Business Group, LLC DATE: May 24, 2012 Dubuque bierd All-America City 1 2007 City Engineer Gus Psihoyos recommends City Council acceptance of the Grant of Easement from TS Business Group for Floodwall Improvements behind 1701 Pennsylvania Avenue. This easement will be used for the construction of a structural concrete retaining wall and earthen embankment to prevent stormwater from flooding the Pennsylvania and John F. Kennedy intersection as the result of heavy rains. 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: Accept Grant of Easement for Floodwall Improvements TS Business Group, LLC DATE: May 25, 2012 INTRODUCTION Dubuque knerd AII- America City '111 2007 The purpose of this memorandum is to seek acceptance of a grant for easement for floodwall improvements from TS Business Group, LLC for the North Fork Catfish Creek area improvements. BACKGROUND In December of 2001 the City Council adopted the Drainage Basin Master Plan which outlined improvements in both the North Fork Catfish Creek and Bee Branch Creek watersheds. DISCUSSION One of the improvements outlined in the Drainage Basin Master Plan involved the construction of a structural concrete retaining wall and earthen embankment behind 1701 Pennsylvania Avenue. The City delayed the construction of the wall until after the sale and redevelopment of 1701 Pennsylvania Avenue. City staff has successfully negotiated an easement to allow the City to construct and maintain the retaining wall /embankment system to prevent stormwater from flooding the Pennsylvania and John F. Kennedy intersection as the result of heavy rains. RECOMMENDATION I recommend accepting the grant of easement for floodwall improvements through: Lot 1 of the South 150 feet of the East 300 feet of the West 430 feet of Lot 2 of Lot 2 of the Southeast %4 of the Southeast %4 of Section 21, Township 89 North, Range 2 East of the 5th P.M. in the City of Dubuque, Dubuque County, Iowa, according to the recorded plat thereof, Also described as: Lot 1 of the North 150 feet of the South 183 feet of the East 300 feet of the West 430 feet of Lot 2 of Lot 2 of the SE 1/4 of the SE 1/4 of Section 21, Township 89 North, Range 2 East of the 5th P.M. in the City of Dubuque, Dubuque County, Iowa, according to the plat recorded in Instrument No. 598 -80. ACTION TO BE TAKEN I respectfully request adoption of the attached resolution accepting the Grant of Easement for Floodwall Improvements behind 1701 Pennsylvania Avenue from TS Business Group, LLC. Prepared by Ron Turner, PLS cc: Deron Muehring, Civil Engineer John Klostermann, Street & Sewer Maintenance Supervisor • Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563- 589 -4270) Return to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563- 589 -4270) RESOLUTION NO. 134 -12 A RESOLUTION ACCEPTING THE GRANT OF EASEMENT FOR FLOODWALL IMPROVEMENTS OVER AND ACROSS PART OF LOT 2 OF LOT 2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 21, T89N, R2E 5TH P.M. IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, TS Business Group, LLC, has executed a Grant of Easement for Floodwall Improvements over and across Lot 1 of the South 150 feet of the East 300 feet of the West 430 feet of Lot 2 of Lot 2 of the Southeast 1/4 of the Southeast '/4 of Section 21, Township 89 North, Range 2 East of the 5th P.M. in the City of Dubuque, Dubuque County, Iowa, according to the recorded plat thereof, also described as Lot 1 of the North 150 feet of the South 183 feet of the East 300 feet of the West 430 feet of Lot 2 of Lot 2 of the SE 1/4 of the SE '/4 of Section 21, Township 89 North, Range 2 East of the 5th P.M. in the City of Dubuque, Dubuque County, Iowa, according to the plat recorded in Instrument No. 598 -80, as shown on Exhibit A attached hereto. 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 Floodwall Improvements from the City of Dubuque, copies of which are 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. Passed, approved and adopted this 4th day of June 4 , 2012 Attest: Kevin . Firnstahl, ity C Roy D. Buol, Mayor VICINITY MAP Location of the floodwall /embankment to be constructed in accordance with the 2001 Drainage Basin master Plan owg pENNSYLVANIAAVE -Fr Tt . , p.«....:, 41 _� C • Prepared by Ronald J. Turner, City of Dubuque, 50 W. 131h Street, Dubuque, IA 52001 (563) 589 -4270 Return to: Ronald J. Turner, City of Dubuque, 50 W. 13`h Street, Dubuque, IA 52001 (563) 589 -4270 GRANT OF EASEMENT FLOODWALL IMPROVEMENTS For and in consideration of the sum of Five Thousand and no /100 Dollars ($5,000.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, the Grantors: TS Business Group, LLC 1701 John F. Kennedy Road Dubuque, IA 52002 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, in perpetuity, from the date hereof, an easement through, under and across a portion of the following described real estate situated in Dubuque, Iowa, to wit: Lot 1 of the South 150 feet of the East 300 feet of the West 430 feet of Lot 2 of Lot 2 of the Southeast '/4 of the Southeast 1/4 of Section 21, Township 89 North, Range 2 East of the 5th P.M. in the City of Dubuque, Dubuque County, Iowa, according to the recorded plat thereof, Also described as: Lot 1 of the North 150 feet of the South 183 feet of the East 300 feet of the West 430 feet of Lot 2 of Lot 2 of the SE �/4 of the SE 1/4 of Section 21, Township 89 North, Range 2 East of the 5th P.M. in the City of Dubuque, Dubuque County, Iowa, according to the plat recorded in Instrument No. 598 -80. Said easement shall be as shown on the attached EXHIBIT A, for the purpose of (1) constructing and maintaining a structural concrete retaining wall; (2) constructing and maintaining an earthen levee and embankment slope for lateral support in accordance with the Plans and Specifications on file in the office of the City Engineer. Grantor further grants to the City of Dubuque, and its employees, agents and contractors, the right to enter said property and occupy a temporary easement as shown on Exhibit A during the period of construction of the proposed retaining wall and earthen levee until the project is accepted by the City Council. It is understood and agreed that the City shall restore the disturbed area due to the construction and shall be responsible for all future maintenance and repairs of the Improvements and all associated costs therewith. Grantors shall not change the grade, elevation, contour or perform any construction or excavation that will interfere with the structural concrete wall, earthen levee and embankment slope so as to diminish the lateral support of said improvements or any part of the easement area without obtaining the prior written consent of the City Engineer. Grantors and City acknowledge that if the Grantor desires to make future improvements to the property that affect the easement area, without affecting the location or integrity of the structural concrete wall, the City and Grantor may, by mutual agreement, modify the easement area and terms of the easement shown herein. For and in consideration of the compensation settlement for the easement as shown on the attached EXHIBIT A, the City shall provide for the grading and shaping of the existing drainage swale along the west side of the existing building. The City shall be responsible for all associated incidental improvement costs therewith to construct said drainage swale. The Grantor shall be responsible for all future maintenance and repairs of said drainage swale and all costs associated therewith. To have and to hold unto the said City of Dubuque, Iowa, in perpetuity, 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 City, its agents or contractors shall at all times, have free access to and egress from and over said easement area to maintain or repair said improvement thereon or therein. Dated at Dubuque, Iowa this alf4 day of Hpip(1 , 2012. TS Business G 0 LLC att Timmerman ALL PURPOSE ACKNOWLEDGMENT STATE OF IOWA COUNTY OF DUBUQUE ) On this 2� day of r1 , 2012, before me, the undersigned, a Notary Public in and for said State, personally appeared Matt Timmerman 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 sa e in his /her /their authorized capacity(ies), and that by his /her /their signatyre(s) o' the instrument the person(s) acted, executed the instrument. (Notary Seal) -7 RONALD J. TURNER Commission Number 188684 Uy Comnglselon Expires 21 (sign in ink) 7A51 ACo.7`6/cT rn (print/type name) Notary Public in and for State of Iowa CAPACITY CLAIMED BY SIGNER INDIVIDUAL ( CORPORATE OFFICER(S) Dpi/' fle ^ (Title) (CORP SEAL) AFFIXED NO SEAL PROCURED PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER SIGNER IS REPRESENTING: TS Business Group, LLC • EXHIBIT A LOT 1 -N 150'- S 183' - E 300' -W 430' OF LOT 2- 2 OF SE 1/4 SE 1/4 SEC 21 T89N, R2E, 5th P.M. In the City of Dubuque Dubuque,County, IA. OWNER: TS BUSINESS GROUP LLC N R.O.W. Line (295.65') Building 0) IG /1. 4.1% (300.00') �ROW Line 1701 JOHN F. KENNEDY RD. S S ` a> PENNSYLVANIA AVE. I E I I I I � I I I I I I I of I o I I I I I I I I I I JOHN F. KENNEDY RD. R.O.W. = RIGHT OF WAY (000.00') = RECORDED DIMENSION — = PERMANENT EASEMENT LINE — = TEMPORARY EASEMENT LINE = PROPERTY LINE = PERMANENT EASEMENT AREA NOTE: EASEMENT AREA SHALL BE ESTABLISHED ON BOTH SIDES OF THE RETAINING WALL AS CONSTRUCTED AND SHOWN HEREON. NORTH 0 25' 50' SCALE 1" = 50' FEET 100' Dubuque kited All- America City 1 m 2007 CITY OF DUBUQUE ENGINEERING DEPARTMENT CITY HALL, 50 WEST 13th STREET DUBUQUE. IA 52001 -4864 PHONE (563) 589 -4270 FAX (563) 589 -4205 Cramer NMS I Approved 8y. RJT I Dale: 04- 18.2012 EXHIBIT A 1701 JOHN F. KENNEDY RD. C.I.P. Numtxr. 1 SheetNumber. 1 of I Doc ID: 007410910006 Typ Kind:= EASEMENT Fee Amt: $32.006/22/20i2—at-0131349=P Pape 1 of Kathy Dubuque Flynn County Iowa ec 0 Kathy F�j Th�ooecorder Ft1e20 1 Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563- 589 -4270) Return to: Ronald J. Turner, City of Dubuque, 50 W. 13"' Street, Dubuque, IA 52001 (563- 589 -4270) RESOLUTION NO. 134 -12 A RESOLUTION ACCEPTING THE GRANT OF EASEMENT FOR FLOODWALL IMPROVEMENTS OVER AND ACROSS PART OF LOT 2 OF LOT 2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 21, T89N, R2E 5TH P.M. IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, TS Business Group, LLC, has executed a Grant of Easement for Floodwall Improvements over and across Lot 1 of the South 150 feet of the East 300 feet of the West 430 feet of Lot 2 of Lot 2 of the Southeast 1/4 of the Southeast 14 of Section 21, Township 89 North, Range 2 East of the 5th P.M. in the City of Dubuque, Dubuque County, Iowa, according to the recorded plat thereof, also described as Lot 1 of the North 150 feet of the South 183 feet of the East 300 feet of the West 430 feet of Lot 2 of Lot 2 of the SE 1/4 of the SE 1/4 of Section 21, Township 89 North, Range 2 East of the 5th P.M. in the City of Dubuque, Dubuque County, Iowa, according to the plat recorded in Instrument No. 598 -80, as shown on Exhibit A attached hereto. 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 Floodwall Improvements from the City of Dubuque, copies of which are 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: Kevin . Firnstahl, ity C Passed, approved and adopted this 41-h day of June „! , 2012. Roy D. Buol, Mayor G+(3 3ad) CERTIFICATE of the CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 134 -12 is a correct copy of the original Resolution No. 134 -12 approved and adopted by the City Council of the City of Dubuque, Iowa, at a session held by said Council on the 4th day of June, 2012. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 5th day of June, 2012. Prepared by Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270 Return to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270 GRANT OF EASEMENT FLOODWALL IMPROVEMENTS For and in consideration of the sum of Five Thousand and no /100 Dollars ($5,000.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, the Grantors: TS Business Group, LLC 1701 John F. Kennedy Road Dubuque, IA 52002 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, in perpetuity, from the date hereof, an easement through, under and across a portion of the following described real estate situated in Dubuque, Iowa, to wit: Lot 1 of the South 150 feet of the East 300 feet of the West 430 feet of Lot 2 of Lot 2 of the Southeast 1/4 of the Southeast 1/4 of Section 21, Township 89 North, Range 2 East of the 5th P.M. in the City of Dubuque, Dubuque County, Iowa, according to the recorded .plat thereof, Also described as: Lot 1 of the North 150 feet of the South 183 feet of the East 300 feet of the West 430 feet of Lot 2 of Lot 2 of the SE 1/4 of the SE 1/4 of Section 21, Township 89 North, Range 2 East of the 5th P.M. in the City of Dubuque, Dubuque County, Iowa, according to the plat recorded in Instrument No. 598 -80. Said easement shall be as shown on the attached EXHIBIT A, for the purpose of (1) constructing and maintaining a structural concrete retaining wall; (2) constructing and maintaining an earthen levee and embankment slope for lateral support in accordance with the Plans and Specifications on file in the office of the City Engineer. Gm tor further gra ts= to= the =C- ity=ofDubuque, and-its-employees, ageiits- and contractors, the right to enter said property and occupy a temporary easement as shown on Exhibit A during the period of construction of the proposed retaining wall and earthen levee until the project is accepted by the City Council. It is understood and agreed that the City shall restore the disturbed area due to the construction and shall be responsible for all future maintenance and repairs of the Improvements and all associated costs therewith. Grantors shall not change the grade, elevation, contour or perform any construction or excavation that will interfere with the structural concrete wall, earthen levee and embankment slope so as to diminish the lateral support of said improvements or any part of the easement area without obtaining the prior written consent of the City Engineer. Grantors and City acknowledge that if the Grantor desires to make future improvements to the property that affect the easement area, without affecting the location or integrity of the structural concrete wall, the City and Grantor may, by mutual agreement, modify the easement area and terms of the easement shown herein. For and in consideration of the compensation settlement for the easement as shown on the attached EXHIBIT A, the City shall provide for the grading and shaping of the existing drainage swale along the west side of the existing building. The City shall be responsible for all associated incidental improvement costs therewith to construct said drainage swale. The Grantor shall be responsible for all future maintenance and repairs of said drainage swale and all costs associated therewith. To have and to hold unto the said City of Dubuque, Iowa, in perpetuity, 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 City, its agents or contractors shall at all times, have free access to and egress from and over said easement area to maintain or repair said improvement thereon or therein. Dated at Dubuque, Iowa this p�Vf4 day of �Pr�( , 2012. TS Bu •ness Grow. LLC l"Y att Timmerman ALL PURPOSE ACKNOWLEDGMENT STATE OF IOWA COUNTY OF DUBUQUE ) On this 2 ©I day of 1 , 2012, before me, the undersigned, a Notary Public in and for said State, personally appeared Matt Timmerman 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 saa e in his /her /their authorized capacity(ies), and that by his /her /their signat-(s) o, the instrument the person(s) acted, executed the instrument. (Notary, -S l) RONALD J. TURNER sign in ink) Commission Number 188684 My Commission Expires 7617 (6,7fr a/(T - .4et.-- (print/type name) Notary Public in and for State of Iowa CAPACITY CLAIMED BY SIGNER INDIVIDUAL g CORPORATE OFFICER(S) p9PThe,i (Title) (CORP SEAL) AFFIXED ZS— NO SEAL PROCURED ?c- PARTNER(S) LIMITED GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER SIGNER IS REPRESENTING: TS Business Group, LLC