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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. � o Q o � Z? N J CC,o N� r Tom•— rnm D 7�L 6 W aD 04 vn m W o �y a �l� s 1: E' c,-) i C 4/ N I co a_ > u j >:tl c_ 0 I" CD CD CD � M Ur �Gk _.,....cD 1 O "( O 0 LLLit J � a- o CD tlD CD O CA Do ti ti L7 1 Loi 1n� C; t rt� �E£Y' ouzo LO coT - LJEioq) = N 3 CD M ti T Ln WLn � t T 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