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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 N 0 Ix 0W ¢ Z 0 QU ¢No z U) 0 e w M 0 O ¢ I— < <0> }D:cr}¢O CC 0 CO 2 CO p >Qn • 0 O 0 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