State of Iowa_Old Highway Road Acceptance of EasementsTHE CITY OF
Dui
Masterpiece on the Mississippi
Dubuque
kital
All- America City
II 111!
2012
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Accept Watermain, Fiber Optic and Appurtenances Easement - State of
Iowa
DATE: March 11, 2013
City Engineer Gus Psihoyos recommends City Council acceptance of a Watermain,
Fiber Optic Lines and Appurtenances Easement from the State of Iowa for existing
watermain and fiber optic lines along the northerly right -of -way line of Old Highway
Road near Radford Road. This easement has been granted to the City in exchange for
the vacating of a small portion of Old Highway Road near the intersection of Radford
Road.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
kr,„709,,,
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
Masterpiece on the Mississippi
Dubuque
M- Amain Ciiy
11111.f
2012
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Accept Watermain, Fiber Optic and Appurtences Easement - State of Iowa
DATE: March 11, 2013
INTRODUCTION
Enclosed is a resolution accepting a Watermain, Fiber Optic Lines and Appurtences
Easement from the State of Iowa for existing watermain and fiber optic lines along the
northerly right of way line of Old Highway Road near Radford Road.
DISCUSSION
This easement over private property described as Lot 2 -1 and Lot 2 -1 -A all in the SE'/
- SW 'A Section 29, T89N, R2E, 5th P.M. in the City of Dubuque, Iowa, was obtained for
watermain and fiber optic lines previously constructed. This new easement varies in
width and is established from ten (10) feet north of the existing watermain to the south
property line (right of way line).
RECOMMENDATION
The above easement has been granted to the City in exchange for the vacating of a
small portion of Old Highway Road near the intersection of Radford Road. I would
recommend the adoption of the attached resolution accepting the easement for the
watermain, fiber optic lines and appurtences.
ACTION TO BE TAKEN
The City Council is requested to adopt the attached resolution accepting the Grant of
Easement for watermain, fiber optic lines and appurtences from the State of Iowa.
Prepared by Ron Turner, PLS
cc: Bob Green, Water Plant Manager
Brant Schueller, Water Distribution
John Klostermann, Street & Sewer Maintenance Supervisor
Troy Kress, Engineering Technician
EASEMENT FOR WATERMAIN, FIBER OPTIC LINES AND APPURTANANCES
The ARMORY BOARD OF THE STATE OF IOWA (hereafter referred to as the
BOARD) pursuant to the authority contained in Section 29A.57(3)(d), of the 2011 Code of Iowa,
hereby grants and conveys to the CITY OF DUBUQUE, IOWA (hereinafter referred to as the
CITY) an easement over, under, through and across the following legally described property, to
wit:
SEE LEGAL DESCRIPTION AT EXHIBIT A.
Said parcel is subject to any and all restrictions, covenants and easements of record.
upon the following terms and conditions:
1. Said easement shall be for the purpose of constructing, reconstructing, and
maintaining water main, fiber optic lines and appurtenances for same.
2. The BOARD shall not erect any structure over or within the easement area and
shall not change the grade, elevation or contour or any part of the easement area
without obtaining the prior written approval of the City Engineer.
3. The CITY, its agents, employees and contractors, shall have the right of access to
the easement area and have all rights of ingress and egress reasonably necessary
for the use of the easement area, including the right to construct necessary
improvements.
4. In the event the CITY damages any part of the easement area, the CITY shall
restore the area to a condition similar to that which it was in just prior to the
damage.
5. The CITY shall carry the BOARD as an additional insured upon its Iowa
Communities Assurance Pool (ICAP) contract as it pertains to the City's rights
and privileges upon the above - described property in limits of not less than one
million dollars ($1,000,000.00) aggregate limits of liability.
6. If the CITY should at any time cease to use the easement area for the purpose of
operating and maintaining water main, fiber optic lines and appurtenances, it shall
so notify the BOARD and proceed to dismantle and remove any improvements
and restore the premises to a condition comparable to that which it was in prior to
the granting of this easement within sixty (60) days of said notification. This
easement shall then become null and void and held for naught.
DATED this? r day of .11' , 2013.
ARMORY BOARD OF THE STATE OF IOWA
Colonel Benjamin rell
State Quartermaster
STATE OF IOWA )
) ss:
COUNTY OF POLK )
The foregoing easement was executed by Benjamin Corell, who after being duly sworn
upon oath, stated that he is the State Quartermaster of the Iowa National Guard and that the
foregoing was executed with full authority of the Armory Board on its behalf and that the
statements contained therein are true and correct.
Dated this 1.4 '" day of JA .) U# 1 2013.
Notary Public; State of Iowa
MICHAEL A. KUEHN
NO. 180738
MY COMMISSION EXPIRES
tow. IS AUbuST ��'�
EXHIBIT A
A part of Lot 2 -1 and Lot 2 -1 -A all in the Southeast One - Quarter (SE'/) of the Southwest One -
Quarter (SW 1/4), Section 29, T89N, R2E, 5th P.M., in the City of Dubuque, Iowa, more
particularly described as follows:
Commencing at a point of reference at the southeasterly corner of Lot 2 -1 SE 1/4 SW 1/4, Section
29, T89N, R2E 5th P.M., in the City of Dubuque, Iowa;
Thence S 54 °42'32" W, 88.00 along the southerly line of said Lot 2 -1 to a point on the northerly
right of way line of Old Highway Road, said point being the point of beginning. (This is an
assumed bearing for purposes of this description only);
Thence S 54 °42'32" W, 172.00 feet along the northerly right of way line of Old Highway Road to
a point of intersection;
Thence S 52 °45'26" W, 117.51 feet continuing along said right of way line to a point 10 feet
westerly of an existing watermain crossing Old Highway Road;
Thence N 37 °14'34" W, 28.79 feet along a line 10 feet westerly of and parallel to an existing
watermain to a point of intersection with a line 10 feet northerly of and parallel to the existing
watermain;
Thence N 56 °31'00" E, 118.00 feet along a Tine 10 feet northerly of and parallel to an existing
watermain to a point of intersection;
Thence N 54 °42'32" E, 161.00 feet continuing along said parallel line to a point of intersection;
Thence S 83 °00'00" E, 54.67 feet continuing along said parallel line to a point of intersection
with the southerly line of Lot 2 -1 -A of the SE % SW 1/4, Section 29, T89N, R2E, 5th P.M., said
point being on the northerly right of way line of Old Highway Road;
Thence southwesterly along said right of way line 33.34 feet along a 64 foot radius arc, concave
northwesterly, (chord S 83 °13'03" W, 32.96 ft.) to the point of beginning.
The area of the above easement is 6699 square feet, more as less, and subject to easements of
record and not of record.
I hereby ce.ify that thi and surveying document was prepared by me or under
my dire•,ersonal - s1'vision and that I am a duly Licens%' Land Surveyor
under d' Laws)Jl = :'. -te of Iowa.
., i
�l� /� Date
Ronald J ner, L.S. No. 9651
My license renewal date is Dec. 31, 2014
Pages on sheets covered by this seal: this sheet only
WATERMAIN, FIBER OPTICS
& APPUTENCES EASEMENT
OVER AND ACROSS:
A PART OF LOT 2 -1 AND LOT 2 -1 -A ALL
IN THE SE 1/4 SW 1/4 SEC. 29 T89N,
R2E OF THE 5TH P.M. IN THE CITY OF
DUBUQUE, DUBUQUE CO. IA.
LEGEND
• FOUND IRON PIPE
— — • — — • — RIGHT OF WAY (ROW)
• "= WATERMAIN
D4 WATER VALVE
® PLACED CUT X
j/ EASEMENT AREA
j.Z HYDRANT
• CLEAN OUT
— ss SAN. SEWER LINE
Q SAN. SEWER MH.
®LL TELEPHONE PED.
IJ POWER POLE
—arc 0. OVERHEAD ELEC.
E E
UNDERGROUND ELEC.
r * TELEPHONE <n ,
a
IOWA ARMY NATIONAL GUARD
DUBUQUE READINESS CENTER
PROPOSED SECURITY
FENCE, TYPICAL.
LINE OF EASEMENT
PLACED CUT X
- GAS -GAS- GAS LINE
CHAIN LINK FENCE
VINYL COATED
x z CHAIN LINK FENCE
PROPOSED SECURITY
FENCE, TYPICAL.
N56 °31'00 "E 118' "` _WQ.' °8
OLD HIGHWAY ROAD 66' ROW)
@EASEMENT PLAN
0' 20' 40'
SCALE: 1" =40' -0"
80'
172' POINT OF BEGINNING,
GAS GASES ENTAREA.
cAs
As
— WATERMAIN, FIBER OPTICS
& APPUTENCES EASEMENT
gO
o
II �Rw�
33
I I
ROW
R=61' G +r SOUTHEASTERLY
G�
ARC =97.03' / \ CORNER OF LOT 2 -1
Shy
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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. 13th Street, Dubuque, IA 52001 (563) 589 -4270
RESOLUTION NO. 82 -13
A RESOLUTION ACCEPTING THE GRANT OF AN EASEMENT FOR
WATERMAIN, FIBER OPTIC LINES AND APPURTENCES THROUGH,
UNDER AND ACROSS A PART OF LOT 2 -1 AND LOT 2 -1 -A ALL IN THE SE
1/4 - SW 1/4 SECTION 29, T89N, R2E, 5TH P.M. IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA
Whereas, the State of Iowa has executed a Grant of Easement for
watermain, fiber optic lines and appurtences through, under and across Lot 2 -1
of the SE % - SW 1/4 Section 29, T89N, R2E, 5th P.M. 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 watermain, fiber
optic lines and appurtences through, under and across Lot 2 -1 and Lot 2 -1 -A all
in the SE 1/4 - SW % Section 29, T89N, R2E, 5th P.M. in the City of Dubuque,
Dubuque County, Iowa, from the State of Iowa, 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 18th
Kevi S. Firnstahl, City
day of March , 2013.
D
vRoy D. Buol, Mayor
Masterpiece on the Mississippi
Old _1 igh gay Road Vacate and Easement
National Guard Readiness Center
rte.. grade,
eta QUOkttA a3Caurata•inrcIMATIOn SYfrtn
DISCLAIMER: This Information was compiled
using the Dubuque Area Geographic Information System
( DAGIS), which includes data created by both the City of
Dubuque and Dubuque County. It Is understood that while
the City of Dubuque and participating agencies utilized the
most current and acetate Information available, DAGIS and
It's suppliers do not warrant the accuracy or arrenty of the
Information or data contained herein. The City and participating
agencies shall not be held liable for any direct, indirect, incidental,
consequential, punitive, or special damages, whether foreseeable or
unforeseeable, arising out of the authorized or unauthorized use of
this data or the Inability to use this data or out of any breach of
warranty whatsoever.
100 50 0
1 inch = 300 feet
100 200 300 400 Feet
Map Prepared by:
City of Dubuque
Engineering Division
50 West 13th Street
Dubuque, Iowa 52001
Phone: (563) 589 -4270
Fax: (563) 589 -4205
THE CITY OF
DUB
Masterpiece on the Mississippi
EASEMENT
Recorder's Cover Sheet
Preparer Information: City of Dubuque
50 West 13th Street
Dubuque, IA 52001
Taxpayer Information: State of Iowa
7105 NW 70th Avenue
Johnston, IA 50131
Return Document to: City of Dubuque
50 West 13th Street
Dubuque, IA 52001
i 1 iiiii iiiii iiii iiii
Doc ID 007650050007 Type GEN
Kind EASEMENT
Recorded: 03/25/2013 at 02:44:51 PM
Fee Amt: $37.00 Page 1 of 7
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
Fi1e2013- 00005232
Dubuque
Ali- America City
1
2012
Grantors: Grantees:
State of Iowa City of Dubuque, Iowa
Legal Description:
Lot 2 -1 -A SE 1 /4 -SW 1/4 all in Section 29, T89N, R2E, 5th PM, in the City of Dubuque,
Dubuque County, Iowa
F: \USERS \Ischluet \Turner, Ron \FORMS \Easement - Recorder's Cover Sheet.doc
at\ (iw,
EASEMENT FOR WATERMAIN, FIBER OPTIC LINES AND APPURTANANCES
The ARMORY BOARD OF THE STATE OF IOWA (hereafter referred to as the
BOARD) pursuant to the authority contained in Section 29A.57(3)(d), of the 2011 Code of Iowa,
hereby grants and conveys to the CITY OF DUBUQUE, IOWA (hereinafter referred to as the
CITY) an easement over, under, through and across the following legally described property, to
wit:
SEE LEGAL DESCRIPTION AT EXHIBIT A.
Said parcel is subject to any and all restrictions, covenants and easements of record.
upon the following terms and conditions:
1. Said easement shall be for the purpose of constructing, reconstructing, and
maintaining water main, fiber optic lines and appurtenances for same.
2. The BOARD shall not erect any structure over or within the easement area and
shall not change the grade, elevation or contour or any part of the easement area
without obtaining the prior written approval of the City Engineer.
3. The CITY, its agents, employees and contractors, shall have the right of access to
the easement area and have all rights of ingress and egress reasonably necessary
for the use of the easement area, including the right to construct necessary
improvements.
4. In the event the CITY damages any part of the easement area, the CITY shall
restore the area to a condition similar to that which it was in just prior to the
damage.
5. The CITY shall carry the BOARD as an additional insured upon its Iowa
Communities Assurance Pool (ICAP) contract as it pertains to the City's rights
and privileges upon the above - described property in limits of not less than one
million dollars ($1,000,000.00) aggregate limits of liability.
6. If the CITY should at any time cease to use the easement area for the purpose of
operating and maintaining water main, fiber optic lines and appurtenances, it shall
so notify the BOARD and proceed to dismantle and remove any improvements
and restore the premises to a condition comparable to that which it was in prior to
the granting of this easement within sixty (60) days of said notification. This
easement shall then become null and void and held for naught.
DATED this2 day of 114'`k -) , 2013.
ARMORY BOARD OF THE STATE OF IOWA
By: C 't
Colonel Benjamin rell
State Quartermaster
STATE OF IOWA )
) ss:
COUNTY OF POLK )
The foregoing easement was executed by Benjamin Corell, who after being duly sworn
upon oath, stated that he is the State Quartermaster of the Iowa National Guard and that the
foregoing was executed with full authority of the Armory Board on its behalf and that the
statements contained therein are true and correct.
+
Dated this 25P—it of 3.043 U 4' 1 , 2013.
Notary Public'; State of Iowa
` MICHAEL A. KUEHN
CL'y�'1 :LION NO. 180738
MY COMMISSION EXPIRES
EXHIBIT A
A part of Lot 2 -1 and Lot 2 -1 -A all in the Southeast One - Quarter (SE') of the Southwest One -
Quarter (SW' ), Section 29, T89N, R2E, 51h P.M., in the City of Dubuque, Iowa, more
particularly described as follows:
Commencing at a point of reference at the southeasterly corner of Lot 2 -1 SE'/ SW 1/4, Section
29, T89N, R2E 5th P.M., in the City of Dubuque, Iowa;
Thence S 54 °42'32" W, 88.00 along the southerly line of said Lot 2 -1 to a point on the northerly
right of way line of Old Highway Road, said point being the point of beginning. (This is an
assumed bearing for purposes of this description only);
Thence S 54 °42'32" W, 172.00 feet along the northerly right of way line of Old Highway Road to
a point of intersection;
Thence S 52 °45'26" W, 117.51 feet continuing along said right of way line to a point 10 feet
westerly of an existing watermain crossing Old Highway Road;
Thence N 37 °14'34" W, 28.79 feet along a line 10 feet westerly of and parallel to an existing
watermain to a point of intersection with a line 10 feet northerly of and parallel to the existing
watermain;
Thence N 56 °31'00" E, 118.00 feet along a line 10 feet northerly of and parallel to an existing
watermain to a point of intersection;
Thence N 54 °42'32" E, 161.00 feet continuing along said parallel line to a point of intersection;
Thence S 83 °00'00" E, 54.67 feet continuing along said parallel line to a point of intersection
with the southerly line of Lot 2 -1 -A of the SE'/ SW'/, Section 29, T89N, R2E, 5th P.M., said
point being on the northerly right of way line of Old Highway Road;
Thence southwesterly along said right of way line 33.34 feet along a 64 foot radius arc, concave
northwesterly, (chord S 83 °13'03" W, 32.96 ft.) to the point of beginning.
The area of the above easement is 6699 square feet, more as less, and subject to easements of
record and not of record.
\.f\ NI) ` " /irr,
I hereby c- ify that thi and surveying document was prepared by me or under
`; ,,,e s •.:,1 my dire rersonal,'• -fvision and that I am a duly Licens Land Surveyor
�, � C./, unde +' e Laws e late of Iowa.
v
v. o aRON/r1.D�I. afn` / /Iti //� _� ._�-- Date s�i�! f,i 0/�J
F. .- I U(3PJCR :Os:
Ronald J. ' ner, L.S. No. 9651
ti .`� , My licen : e renewal date is Dec. 31, 2014
j' Pages .n sheets covered by this seal: this sheet only
urnnnc,u�'
28.79''
N�
dC4
0 0V9 SV0 SV0
-SG0.S�GAS
=O' Straka Johnson
" nr c hxtec s, P.G.
�1t
DATE. 01/24/2012
ARCHITECTS PM 11040
DRAWN BY. RLW
IOWA ARMY NATIONAL GUARD
DUBUQUE READINESS CENTER
RENOVATION
5001 OLD HIGHWAY ROAD (1035 RADFORD ROAD/
DUBUQUE, IOWA 52002
EXHIBIT B
Prepared bv:
Return to:
Ronald J. Turner, City of Dubuque. 50 W. 131h Street. Dubuque, IA 52001 (563) 589-4270
Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270
RESOLUTION NO. 82 -13
A RESOLUTION ACCEPTING THE GRANT OF AN EASEMENT FOR
WATERMAIN, FIBER OPTIC LINES AND APPURTENCES THROUGH,
UNDER AND ACROSS A PART OF LOT 2 -1 AND LOT 2 -1 -A ALL IN THE SE
1/4 - SW 1/4 SECTION 29, T89N, R2E, 5TH P.M. IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA
Whereas, the State of Iowa has executed a Grant of Easement for
watermain, fiber optic lines and appurtences through, under and across Lot 2 -1
of the SE 1/4 - SW % Section 29, T89N, R2E, 5th P.M. 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 watermain, fiber
optic lines and appurtences through, under and across Lot 2 -1 and Lot 2 -1 -A all
in the SE % - SW 1/4 Section 29, T89N, R2E, 5th P.M. in the City of Dubuque,
Dubuque County, Iowa, from the State of Iowa, 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 18th day of March , 2013.
DI
VRoy D. Buol, Mayor
Kevi S. Firnstahl, City
STATE OF IOWA
CERTIFICATE of the CITY CLERK
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.
do further state that the hereto attached Resolution No. 82 -13 is a true and correct
copy of the original.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 25th day of March, 2013.
, ..fir.'
no,(6
Kevi S. Firnstah , CM' ity Clerk