Acceptance of Easement_Hwy 151/61 Development LLCTHE CITY OF
Dui
Masterpiece on the Mississippi
Dubuque
All- America City
II 111!
2012
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Accept Easements along E. 16th Street - HWY 151&61 Development, LLC
DATE: May 10, 2013
City Engineer Gus Psihoyos recommends City Council acceptance of the Grant of
Easement for public and private utilities, sidewalk, underground electric, fiber optic
cable, traffic signals and other appurtenances from HWY 151 &61 Development, LLC
along the northerly right -of -way line of East Sixteenth Street.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
btitt44 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
THE CITY OF
Dui
E
Masterpiece on the Mississippi
Dubuque
hittlii
All-AmericaCdy
1I I►
2012
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Accept Easements along E. 16th Street — HWY 151& 61 Development, LLC
DATE: May 9, 2013
INTRODUCTION
Enclosed is a resolution accepting a Grant of Easement for Public and Private Utilities,
Sidewalk, Underground Electric, Fiber Optic Cable, Traffic Signals and Other Appurtenances
from HWY 151& 61 Development, LLC along the northerly right of way line of East Sixteenth
Street.
DISCUSSION
This easement over private property described as fifteen (15) feet in width along and abutting
the southeasterly parts of Lot 1 Riverview Plaza No. 2, and Lot 1 and Lot 2 Riverview Plaza
No. 3 all in the City of Dubuque, Iowa, was obtained for construction, installation, service and
maintenance of public and private utilities, sidewalk, underground electric, fiber optic cable,
traffic signals and other appurtenances.
RECOMMENDATION
I would recommend the adoption of the attached resolution accepting the easement for public
and private utilities, sidewalk, underground electric, fiber optic cable, traffic signals and other
appurtenances.
ACTION TO BE TAKEN
The City Council is requested to adopt the attached resolution accepting the Grant of
Easement for Public and Private Utilities, Sidewalk, Underground Electric, Fiber Optic Cable,
Traffic Signals and Other Appurtenances from HWY 151& 61 Development, LLC
Prepared by: Robert D. Schiesl
cc: Dave Ness, Traffic Engineer
Ron Turner, Land Surveyor
Gus Psihoyos, City Engineer
Troy Kress, Engineering Technician
Prepared by:
Return to:
Ronald J. Turner, City of Dubuque, 50 W. 13`h 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. 150 -13
A RESOLUTION ACCEPTING THE GRANT OF AN EASEMENT FOR PUBLIC AND
PRIVATE UTILITIES, SIDEWALK, UNDERGROUND ELECTRIC, FIBER OPTIC CABLE,
TRAFFIC SIGNALS AND OTHER APPURTENANCES THROUGH, UNDER AND ACROSS
PARTS OF LOT 1 RIVERVIEW PLAZA NO. 2, AND LOT 1 AND LOT 2 RIVERVIEW PLAZA
NO. 3 ALL IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, HWY 151& 61 Development, LLC has executed a Grant of Easement for
public and private utilities, sidewalk, underground electric, fiber optic cable, traffic signals and
other appurtenances, through, under and across parts of Lot 1 Riverview Plaza No. 2, and Lot
1 and Lot 2 Riverview Plaza No. 3 all 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 public and private utilities, sidewalk,
underground electric, fiber optic cable, traffic signals and other appurtenances, through, under
and across a fifteen (15) feet in width strip of property lying along the southeasterly parts of Lot
1 Riverview Plaza No. 2, and Lot 1 and Lot 2 Riverview Plaza No. 3 all in the City of Dubuque,
Dubuque County, Iowa, from HWY 151& 61 Development, LLC, 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.
Passed, approved and adopted this 20th day of May 2013.
Attest:
Trish L. Gleason, Asst. City Clerk
Roy D. Buol, Mayor
Doc ID: 010795670007 Type: GEN
Kind: EASEMENT
Recorded: 08/05/2021 at 03:06:02 PM
Fee Amt: $37.00 Paqe 1 of 7
Dubuque County Iowa
John Murphy Recorder
File202 1-000 130 1 V
Prepared by Ronald J Tumer, City of Dubuque 50 W 13" Street Dubuque Iowa 52001 (563) 589-4270
Return to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque Iowa 52001 (563) 589-4270
GRANT OF EASEMENT FOR PUBLIC AND PRIVATE UTILITIES, SIDEWALKHE), I
UNDERGROUND ELECTRIC, FIBER OPTIC CABLE, TRAFFIC SIGNALS & OT
APPURTENANCES
For and in consideration of the sum of One and 00/100 Dollar ($1.00) and other good and
valuable consideration, the receipt whereof is hereby acknowledged,
HWY 151 & 61 Development, LLC
c/o Platinum Services/Briggs
137 Main Street
Dubuque, IA 52001
of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do hereby grant, sell
and convey to the CITY OF DUBUQUE, IOWA, municipal corporation, its agents and contactors,
from the date hereof, a non-exclusive right-of-way and easement through, under and across the
following described real estate situated in Dubuque, Iowa, to wit:
A fifteen (15) foot wide strip of property lying along the southeasterly parts of LOT 1
RIVERVIEW PLAZA.#2, LOT 1 AND LOT 2 RIVERVIEW PLAZA #3 all in the City of
Dubuque, Dubuque County, Iowa, as shown on Exhibit A attached hereto and by reference
made a part hereof.
Said easement shall be fifteen (15) feet in width along and abutting the northwesterly right of way
line of present East Sixteenth Street as shown on the attached Exhibit A for the purpose of
constructing and maintaining public and private utilities, sidewalk, underground electric, fiber
optic cable, traffic signals and other appurtenances in accordance with the Plans and
Specifications approved by the office of the City Engineer, along with the right, privilege and
authority to construct, reconstruct, maintain, operate, repair, patrol and remove said
improvements.
It is understood and agreed that the Grantee herein shall restore the disturbed area due to the
construction, maintenance or repair of said public or private utilities, sidewalk, underground
electric, fiber optic cable, traffic signals and other appurtenances, ordinary and reasonably wear
and tear excepted. Grantee's obligations in this regard include but are not limited to, restoration
3-700 60 Ck,±A,t&sinjuv-
of PGC or ACC parking lot surfaces, landscaping (including irrigation piping and appurtenances), decorative
retaining wall or other screening structures, sidewalk restoration, signage, roadways, traffic signal and related
appurtenances, utility pipings, and all other incidences which are disturbed during the construction, maintenance or
repair of the easement area. Grantor shall not erect any structure over or within the easement area without obtaining
the prior written approval of the City Engineer, which approval shall not be unreasonably withheld. Grantor
specifically reserves the right of ingress/egress access across the easement area and the right to construct or operate
other necessary utilities within the easement area.
Grantee acknowledges and agrees that it shall be responsible for all costs associated with relocating, temporarily
supporting, providing temporary traffic rerouting, and any other costs associated with the construction of utilities
and access in the easement area.
Except as necessary to construct ingress/egress access across the easement area, Grantor shall not change the grade,
elevation, and contour or perform any construction or excavation -that will diminish the lateral support or integrity of
said improvements without obtaining the prior written consent of the City Engineer, which consent shall not be
unreasonably withheld.
Grantee acknowledges that the construction and installation of a round -about is currently being considered by the
City of Dubuque at the intersection of I6th Street and Sycamore Street. Grantee hereby agrees to pay for any and all
costs associated with the relocation of their intended easement uses under this Easement Agreement which may be
required as a result of the proposed round -about construction.
To have and to hold unto the said City of Dubuque, Iowa, 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 or
repair said utilities described herein.
This easement shall be binding upon all parties to this Agreement and their successors in interest or assigns, and shall
run with the land. Any disputes arising out of this easement grant shall be governed by the laws of the State of Iowa.
Dated at Dubuque, Iowa this 11 day of ftmazy, 2613.
HWY 151 & 61 DEVELOPMENT, LLC
STATE OF IOWA
COUNTY OF DUBUQUE
On this / day of /�zo7 , 2013, befort me, the undersigned, a
Notary Public in and for said State, personally appeared -.i - a snd Wayne A. Briggs, to
me personally known, whose naine(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 pe&s)acted,exec ted the instrument.
(Notary Seal) (sign in ink)
%%/�%!4VC/' C (print/type name)
Notary Public in and for State of Iowa
oRu�N .L iunt
CMVW M NWAW 1�
tbOaM 1W JAIL it, 21�6
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
_X CORPORATE OFFICERS) A/4� 40 Fes%' (Title)
(CORP SEAL)
AFFIXED
ENO SEAL PROCURED
PARTNER(S) _X_ LIMITED GENERAL
ATTORNEY -IN -FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR OTHER
SIGNER IS REPRESENTING:
Name of Person(s) or Entity(ies):
HWY 151 & 61 DEVELOPMENT, L.L.C.
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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. 150-13
A RESOLUTION ACCEPTING THE GRANT OF AN EASEMENT FOR PUBLIC AND
PRIVATE UTILITIES, SIDEWALK, UNDERGROUND ELECTRIC, FIBER OPTIC CABLE,
TRAFFIC SIGNALS AND OTHER APPURTENANCES THROUGH, UNDER AND ACROSS
PARTS OF LOT 1 RIVERVIEW PLAZA NO. 2, AND LOT 1 AND LOT 2 RIVERVIEW PLAZA
NO. 3 ALL IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, HWY 151 & 61 Development, LLC has executed a Grant of Easement for
public and private utilities, sidewalk, underground electric, fiber optic cable, traffic signals and
other appurtenances, through, under and across parts of Lot 1 Riverview Plaza No. 2, and Lot
1 and Lot 2 Riverview Plaza No. 3 all 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 public and private utilities, sidewalk,
underground electric, fiber optic cable, traffic signals and other appurtenances, through, under
and across a fifteen (15) feet in width strip of property lying along the southeasterly parts of Lot
1 Riverview Plaza No. 2, and Lot 1 and Lot 2 Riverview Plaza No. 3 all in the City of Dubuque,
Dubuque County, Iowa, from HWY 151 & 61 Development, LLC, 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.
Passed, approved and adopted this 20th day of May 2013.
Roy D. Buol, Mayor
fAttest:
Trish L. Gleason, Asst. City Clerk
CERTIFICATE of the CITY CLERK
STATE OF IOWA
SS:
COUNTY OF DUBUQUE )
I, Adrienne N. Breitfelder, City Clerk, 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. 150-13 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 31d day of August, 2021.
,i,t2 1
Adrienne N. Breitfelder, City Clerk
'rb78 Crr1' OF
DUl3' TQr1E
A1115 IL picrr. aft the Miss is4ippi
EXHIBIT A
16th Street Utility Easement
DA
IS
puvep APSI acea•Jrmc varrume• ruun
Lot 1
Riverview
Plaza #2
Lot 2 Riverview Plaza #3
Lot 1 Riverview Plaza #3
15' Utility Easement
540
508
601
1597 j
"1575-
_1553
1517
425
5021
X1498 --
1.4861x:
1465
1.C1010411111 1I,* Inf ton 0114 01 mmp4ed
upbq the Dubuque Are Gcopnplde Infallnalbq $ytlnnt
IDAGIS). n1dch'%clad, data r1Ynd by both the C Iv of
Vet ugaa ea Dubuque Ca,Mlc It U. underlteaa Mel, :vbd•
the Cllr of Dubuque and paltldp,tbp .pentiee 4.4* the
el auren cod accurate Inhvnt lien pre ;fable, 44413 and
is eupph.r. de nal xal,ant 0. n ,roc, er currency al the
bkenullon or data een1Wmd. '4 M. 1M Cry hd pndnpa'Jnp
wades Chad nal be hard tabl fo no0 drteet,,ru4:ext, w0111,0141.
Cen:euu7,0 1, pun1hn, er era 1.1 fhalatn., whether fera:erttbk or
uafnmseeaa o. nrtrInp
ell of fie a Marked ,r amu,handed tree of
Ude dole et 110100411y la ape Ilds ante cur eat M any breach al
rwrtanly ydt 1444040.
1 inch = 200 feet
100 50 0
100 200
300 Feet
Map Prepared by: NS
City or Dubuque
Engineering Division
50 West 13th Street
Dubuque, Iowa 52001
Phone: (563) 589 -4270
Fax: (563) 589 -4205
Utilities and Sidewalk Easement
DAGIS;�
nlmpuf enu q:pcurarc Iarcvartos annn
Masterpiece on the Mississippi
Hi ' hwa 151 -61 Develo ment, LLC
miefigoc
+689167`5 169,0
1665
1645;
'6351615
16331395
394
360: 4;i
158.6• 1564
1553 1547t
1576
1.75 0
1597 1. 52
5v 1'575
508 81553
1'5177
1498.1486
`502%
1;494425 1A50
1476
1517
1425
Ae alkr". cespAc5'
DISCLAIMER: This information was compiled
using the Dubuque Area Geographic Information System
(DAG'S), whirl includes data created by both the City of
Dubuque and Dubuque County. It is understood that, while
the City of Dubuque and parbdpating agencies utilized the
most current and accurate information available, OASIS and
It's suppliers do not warrant the accuracy or currency of the
information or data contained herein. The City and participating
agencies shall not be held Gable 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.
1 inch = 300 feet
100 50 0 100 200 300 400 Feet
Map Prepared by:
City of Dubuque
Engineering Division
50 West 13th Street
Dubuque, Iowa 52001
Phone: (563) 589 -4270
Fax: (563) 589 -4205