Midwest Energy Solutions_MF Enterprises 16th St. Grant of EasementTHE CITY OF
Dui
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Grant of Easement East 16th Street
DATE: May 9, 2013
Dubuque
kital
All- America City
II 111!
2012
City Engineer Gus Psihoyos recommends the City Council grant an easement for MF
Enterprises, L.L.C. for a Compressed Natural Gas conduit and piping system between
the BP Station and the proposed convenience store on the south side on East 16th
Street right -of -way.
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
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Grant of Easement East 16th Street
DATE: May 8, 2013
INTRODUCTION
Dubuque
All-America City
'' 1 !'
2012
This is in response to a request from Midwest Energy Solutions, representing MF
Enterprises, L.L.C. for the granting of an easement across East 16th Street to
accommodate a Compressed Nautral Gas conduit and piping system between the BP
Station and the proposed convenience store at the south side of East 16th Street.
DISCUSSION
The attached exhibit shows the East 16th Street right -of -way and the proposed crossing
to deliver Compressed Natural Gas (CNG), power and data lines. MF Enterprises,
L.L.C., DBA Kwik Stop /Rainbo Oil Company has submitted site plans for the
improvements and associated work on the abutting properties for the source and
destination of the CNG.
The construction of the system includes 12" diameter casing pipe with conduit for 3/"
diameter 316 seamless coiled stainless steel tubes. The working pressure inside the
seamless coiled stainless steel tubes will be 3600 psi. Two smaller conduits for power
and data collection will also be installed. The depth of the proposed casing pipe is
approximately nine feet below the grade of the street with a minimum clearance of 12"
to the sanitary sewer and other existing utilities.
City Engineering has reviewed the drawings for clearances from existing and potential
improvements of city utilities at the proposed easement area.
The proposed piping system will include emergency stop buttons at each dispenser, c-
store and on the equipment.
Midwest Energy Solutions is responsible for paying for the reviews, easement submittal,
publication and recording fees, in the amount of $500.00. The mapping costs are also
the responsibility of Midwest Energy Solutions.
All documents have been reviewed and approved by the City Engineer, Fire
Department, Water Department, Building Services Department, and Planning & Zoning
Department.
RECOMMENDATION
I would recommend that a public hearing be held to grant an easement across East 16th
Street to accommodate an easement for Midwest Energy Solutions for private utility for
the proposed Compressed Natural Gas piping system in the public right -of -way of East
16th Street.
ACTION REQUESTED
The attached resolution should be submitted to the City Council for consideration and
approval for the granting of easement to MF Enterprises, L.L.C. for a Compressed
Natural Gas conduit and piping system on East 16th Street right -of -way.
Prepared by Jane Smith, EAII
cc: Crenna Brumwell, Asst. City Attorney
Ron Turner, P.L.S.
Jon Dienst, P.E.
2
11111111111111 1111111111111111111111111111111111111111111111111111111111111111
Doc ID 007694380008 Type GEN
Kind EASEMENT
Recorded: 05/24/2013 at 03:32:49 PM
Fee Amt: $42.00 Page 1 of 8
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
F11e2 ®13 -00008 V 87
Prepared by: Ronald J. Turner, City of Dubuque, 50 West 131h Street, Dubuque, IA 52001 (563) 589 -4270
Returned to: Ronald J. Turner, City of Dubuque, 50 West 13'h Street, Dubuque, IA 52001 (563) 589 -4270
Tax Information: City of Dubuque, 50 W. it St. Dubuque, IA 52001 %Ken Tekippe, 563- 589 -4133
GRANT OF EASEMENT FOR PRIVATE UTILITY
THROUGH, UNDER AND ACROSS PART OF EAST SIXTEENTH STREET
IN THE CITY OF DUBUQUE, IOWA
For and in consideration of the sum of Five Hundred dollars ($500.00), the receipt whereof is
hereby acknowledged,
The City of Dubuque, A Municipal Corporation of Dubuque County (Grantor)
50 West 13th Street
Dubuque, IA 52001 -4864
of Dubuque County, State of Iowa, does hereby grant, sell and convey to MF Enterprises, L.L.C.
(Grantee) its agents, contractors and assigns, in perpetuity from the date hereof, a right of way
and permanent easement through, under and across the following described real estate situated
in Dubuque, Iowa, to -wit:
A part of East Sixteenth Street right of way west of the intersection of Kerper Blvd.
between Lot 1 of Bee Branch Subdivision No. 2 and Lot 2 of Wendy's Place, all in the
City of Dubuque, Dubuque County, Iowa.
A permanent easement twelve (12) feet wide centered on a 12" diameter casing pipe as
constructed and as shown on the attached Exhibit A, for the purpose of constructing and
maintaining conduits with seamless stainless steel tubes, conduit for power and data collection
lines and said casing pipe, hereinafter called, Private Utility, in accordance with all applicable
National Fire Protection Association (NFPA) Codes with plans reviewed by the City Engineer for
the sum of five hundred dollars ($500.00), plus mapping fees. Proposed minimum clearances
from existing public and private utilities shall be no less than twelve (12) inches.
It is understood and agreed that the Grantee herein shall backfill and compact to City standards
the disturbed area to the grade of the surrounding property at the time of completion of the
Private Utility.
Grantee shall assume any and all liability for damages to persons or property which may result
from the existence, location, installation, construction, design, maintenance, or repair of said
Private Utility.
,061,00
CAL,
Css,,
Grantee shall indemnify, hold harmless, and defend, at its own expense, on behalf of
said City, any claim against the City and pay on behalf of the City all sums which the
City shall become obligated to pay by reason of the liability imposed upon the City of
Dubuque for damages or injury of any kind, including third persons, resulting from
location, installation, existence, construction, or maintenance of said Private Utility and
to pay reasonable attorney fees therefore.
This easement does not constitute any approval of the design, erection, location,
construction, repair or maintenance of said Private Utility and grantee agrees not to
assert such claim or defense against the City of Dubuque in event of claim asserted for
death, personal injuries and /or property damage against Grantee arising out of or in any
way connected with the location, installation, construction, design, maintenance, or
repair of Private Utility.
The City reserves unto itself the perpetual right for the purpose of erecting, installing,
constructing, reconstructing, maintaining, owning, operating and repair of storm and
sanitary sewers, watermain, pavement, street lights, gas, telephone, television, fiber
optics cable, and electrical lines above or below said Private Utility as such utilities
would not interfere with the existence of the Private Utility.
Grantee must register with Iowa One -Call. Upon request, Grantee shall submit
documentation to the City Engineer of Iowa One -Call registration membership.
To have and to hold unto MF Enterprises, L.L.C., 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, remodel or repair said Private Utility thereof or therein.
Dated at Dubuque, Iowa, this 20th day of May , 2013.
Attest:
Trish L Gleason, CMC, Assistant City Clerk
I
TY,, OF UBUQUE, IOWA
Roy D. Buol, Mayor
STATE OF IOWA,
DUBUQUE COUNTY, ss:
i
On this (.,1 day of , 2013, before me a Notary Public in and for said
County and said State, pers nail/ appeared Roy D. Buol and Kevi -S. --Fir Stahl to me
personally known, who, being by me duly sworn, did say that they air il'TdIMraj/or tl%Olerk 1 e r k
respectively, of the City of Dubuque, Iowa; that said instrument was signec�''r� ki half bail
City of Dubuque by authority of Resolution No.160 -13 and that the said Roy D. Buol and
levirr-S-: -Ffm tiahl as such officers, acknowledged the execution of said instrument to be the
voluntary act anaaee°ciof said municipal corporation, by it an
7
y them vol n rily executed.
/iaou,o Notary Public
PAMELA J. PRcCARRON
Commission Number 772419
My Comm. Exp. <J .6 -2O /5
MF ENTERPRISES, L.L.C.
GRANTEE ACKNOWLEDGEMENT
STATE OF IOWA)
Jill Rei er, Vice President
COUNTY OF DUBUQUE)
On this d..9 day of , 2013, before me, the undersigned, a Notary Public
in and for said State, personally appeared Jill Reimer ✓ 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
same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the
instrument the person(s) acted, executed the instrument.
(Notary Seal)
(sign in ink)
St sn..). 1V6kyv r (print /type name)
Notary Public in and for State of Iowa
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
_X_ CORPORATE OFFICER(S) Vice President (Title)
(CORP SEAL)
AFFIXED
_X_ NO SEAL PROCURED
PARTNER(S) _X_ LIMITED _ GENERAL
_ ATTORNEY -IN -FACT
TRUSTEE(S)
GUARDIAN /CONSERVATOR
OTHER
SIGNER IS REPRESENTING
MF Enterprises, L.L.C.
PREPARED 810 BUES''NG & ASSOCIATES
4005655:
212 LOCUST STREET. DUBUQUE [055 52001
EXHIBIT A
12' WIDE PRIVATE UTILITY EASEMENT ACROSS
EAST 16TH STREET, DUBUQUE, IOWA
LEGEND
FOUND PROPERTY CORNER
PROPERTY LINE
CNG PROPOSED COMPRESSED NATURAL GAS LINE
SAN SANITARY SEWER LINE
W W WATER MAIN
❑HU OVERHEAD UTILITIES
GAS LINE
BACK OF CURB
RIGHT OF WAY ROW
LOT 2 OF WENDY'S PLA
PHONE: (5631 556 -4389
FOUND CUT X AT THE
SOUTHEAST CORNER OF
LOT 2 OF WENDY'S PLA
p/ //
N ° R% /
p ov
/ J j0N/ �6 9
�
/EY:pN
FQUN6 MAG NAIL AT THE NORTHWEST
CORNER OF LOT 1 OF BEE BRANCH
SUBDIVISION NO.2
TOP OF OF CURB
I ELEVATION =608.29
h
2'
3'
6'
LOT 1 OF
OF BEE BRANCH
SUBDIVISION N0.2
CROSS SECTION DETAIL
NOT TO SCALE
BACK OF OF CURB
0'
EXISTING GAS LINE
DEPTH UNKNOWN
15' 30'
EXISTING 12" WATERMAIN
APPROXIMATELY 3" TO 4' OF COVER
12" DIAMETER CASING PIPE
EXTENDED 5' PAST RIGHT OF WAY BOTH WAYS
o
CN
GCNGC
G CNG — CNG —CNG— CNG — CNG — CNG — CNG — CNG CNG — CNG —CNG
COMPRESSED NATURAL GAS LINE
ROW 27, U APPROXIMATELY 10' DEEP
- ROW
IN 12" DIAMETER CASING PIPE
2" MINIMUM SEPARATIDN
EXISTING 18" SANITARY
FLOW LINE ELEVATION 593.10
SHEET TITLE
EXHIBIT A
PROJECT I NO. 13069
PREPARED FOR:
N'.OWEST ENERGY S0LU➢0NS
O SEAN O'NOLL
2002 WEST 39154 STREET
KANSAS MY K5 66203
WES'�
ASSOCIATES INC. G
£NCIN££RS AND SURV£YOAO
i oueuOJ,
l ( ) 5A —ax
DATE
REVISIONS
DRAWN BY:
04/26/13
NW
SCALE:
CHECKED BY:
1" = 30'
KLB
Prepared by: Ron J. Turner, City of Dubuque, 50 W 13th, Dubuque, IA 52001 -(563) 589 -4270
Return to: Ron J. Turner, City of Dubuque, 50 W 13th, Dubuque, IA 52001 -(563) 589 -4270
RESOLUTION NO. 159 -13
RESOLUTION DISPOSING OF CITY INTEREST BY GRANT OF EASEMENT FOR
PRIVATE UTILITY TO MF ENTERPRISES L.L.C. FOR AN UNDERLYING PORTION
OF EAST SIXTEENTH STREET
Whereas, pursuant to resolution and published notice of time and place of
hearing, published in the Telegraph Herald, a newspaper of general circulation
published in the City of Dubuque, Iowa on this 10TH day of May, 2013, the City Council
of the City of Dubuque, Iowa met on the 20th day of May, 2013, at 6:30 p.m. in the
Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa, to consider the proposal for
the granting of easement described as:
Underlying portion of East Sixteenth Street, running between Lot 2 of Wendy's
Place and Lot 1 of Bee Branch Subdivision No. 2 for proposed Compressed Natural
Gas Lines in the City of Dubuque, Dubuque County, Iowa
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all
objections, oral or written to the proposed granting of easement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the Grant of Easement for private utility by the City of
Dubuque for underlying portion of East Sixteenth Street, running between Lot 2 of
Wendy's Place and Lot 1 of Bee Branch Subdivision No. 2 for proposed Compressed
Natural Gas Lines in the City of Dubuque, Iowa, be and the same is hereby approved
for the sum of $500.00, plus mapping costs.
Section 2. The City of Dubuque reserves unto itself a perpetual easement of
this same described area for the purpose of erecting, installing, constructing,
reconstructing, repairing, owning, operating and maintaining all public utilities.
Section 3. That the Mayor be authorized and directed to execute the Grant of
Easement for private utility and the City Clerk be and is hereby authorized and directed
to deliver said Grant of Easement to MF Enterprises L.L.C. upon receipt of the $500.00
payment.
Section 4. That the City Clerk be and is hereby authorized and directed to
record a certified copy of this Grant of Easement for private utility in the offices of the
City Assessor, Dubuque County Recorder and Dubuque County Auditor.
Passed, approved and adopted this 20th day of Ma , 2013.
Attest:
Trish L. Gleason, CMC, Assistant City Clerk
Roy D. Buol, Mayor
Prepared by:
Return to:
Ron J. Turner, City of Dubuque, 50 W 13th, Dubuque, IA 52001 -(563) 589 -4270
Ron J. Turner, City of Dubuque, 50 W 13th, Dubuque, IA 52001 -(563) 589 -4270
RESOLUTION NO. 160 -13
RESOLUTION GRANTING EASEMENT FOR PRIVATE UTILITY TO MF
ENTERPRISES L.L.C. FOR AN UNDERLYING PORTION OF EAST SIXTEENTH
STREET
Whereas, MF Enterprises L.L.C. has requested a "Grant of Easement" for
Private Utility for an underlying portion of East Sixteenth Street for the supply lines for a
proposed Compressed Natural Gas system; and
Whereas, Buesing and Associates has prepared and submitted to the City
Council an exhibit showing the underlying portion of East Sixteenth Street, running
between Lot 2 of Wendy's Place and Lot 1 of Bee Branch Subdivision No. 2 in the City
of Dubuque, Iowa for a proposed Compressed Natural Gas system; and
Whereas, the City Council of the City of Dubuque, Iowa, has determined that the
portion of underlying East Sixteenth Street can be utilized for this Compressed Natural
Gas system crossing of East Sixteenth Street, as shown on the Exhibit A, in the City of
Dubuque, Dubuque County, Iowa, should be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the "Grant of Easement" for Private Utility for Compressed
Natural Gas system to MF Enterprises, L.L.C. be and the same is hereby approved.
Passed, approved and adopted this 20th day of May, 2013
Attest:
Trish L. Gleason, CMC, Assistant City Clerk
Roy D. Buol, Mayor
CERTIFICATE of the CITY CLERK
STATE OF IOWA )
SS:
COUNTY OF DUBUQUE )
I, Trish L. Gleason, do hereby certify that I am the duly appointed, qualified,
Assistant City Clerkof the City of Dubuque, Iowa, in the County aforesaid, and as such
Assistant 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. 159 -13 and 160 -13 are correct copies of the original Resolution No.
159 -13 and 159 -13 approved and adopted by the City Council of the City of Dubuque,
Iowa, at a session held by said Council on the 20th day of May, 2013.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 21st day of May, 2013.
Qi);,6,e )1z)IX' Gei,530,--N
Trish L. Gleason, Assistant City Clerk
Prepared by:
Return to:
Ron J. Turner, City of Dubuque, 50 W 13th, Dubuque, IA 52001 -(563) 589 -4270
Ron J. Turner, City of Dubuque, 50 W 13th, Dubuque, IA 52001 -(563) 589 -4270
RESOLUTION NO. 159 -13
RESOLUTION DISPOSING OF CITY INTEREST BY GRANT OF EASEMENT FOR
PRIVATE UTILITY TO MF ENTERPRISES L.L.C. FOR AN UNDERLYING PORTION
OF EAST SIXTEENTH STREET
Whereas, pursuant to resolution and published notice of time and place of
hearing, published in the Telegraph Herald, a newspaper of general circulation
published in the City of Dubuque, Iowa on this 10TH day of May, 2013, the City Council
of the City of Dubuque, Iowa met on the 20th day of May, 2013, at 6:30 p.m. in the
Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa, to consider the proposal for
the granting of easement described as:
Underlying portion of East Sixteenth Street, running between Lot 2 of Wendy's
Place and Lot 1 of Bee Branch Subdivision No. 2 for proposed Compressed Natural
Gas Lines in the City of Dubuque, Dubuque County, Iowa
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all
objections, oral or written to the proposed granting of easement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the Grant of Easement for private utility by the City of
Dubuque for underlying portion of East Sixteenth Street, running between Lot 2 of
Wendy's Place and Lot 1 of Bee Branch Subdivision No. 2 for proposed Compressed
Natural Gas Lines in the City of Dubuque, Iowa, be and the same is hereby approved
for the sum of $500.00, plus mapping costs.
Section 2. The City of Dubuque reserves unto itself a perpetual easement of
this same described area for the purpose of erecting, installing, constructing,
reconstructing, repairing, owning, operating and maintaining all public utilities.
Section 3. That the Mayor be authorized and directed to execute the Grant of
Easement for private utility and the City Clerk be and is hereby authorized and directed
to deliver said Grant of Easement to MF Enterprises L.L.C. upon receipt of the $500.00
payment.
Section 4. That the City Clerk be and is hereby authorized and directed to
record a certified copy of this Grant of Easement for private utility in the offices of the
City Assessor, Dubuque County Recorder and Dubuque County Auditor.
Passed, approved and adopted this 20th day of Ma , 2013.
Attest:
Trish L. Gleason, CMC, Assistant City Clerk
Roy D. Buol, Mayor
Prepared by:
Return to:
Ron J. Turner, City of Dubuque, 50 W 13th, Dubuque, IA 52001 -1563) 589 -4270
Ron J. Turner, City of Dubuque, 50 W 13th, Dubuque, IA 52001 -(563) 589 -4270
RESOLUTION NO. 160 -13
RESOLUTION GRANTING EASEMENT FOR PRIVATE UTILITY TO MF
ENTERPRISES L.L.C. FOR AN UNDERLYING PORTION OF EAST SIXTEENTH
STREET
Whereas, MF Enterprises L.L.C. has requested a "Grant of Easement" for
Private Utility for an underlying portion of East Sixteenth Street for the supply lines for a
proposed Compressed Natural Gas system; and
Whereas, Buesing and Associates has prepared and submitted to the City
Council an exhibit showing the underlying portion of East Sixteenth Street, running
between Lot 2 of Wendy's Place and Lot 1 of Bee Branch Subdivision No. 2 in the City
of Dubuque, Iowa for a proposed Compressed Natural Gas system; and
Whereas, the City Council of the City of Dubuque, Iowa, has determined that the
portion of underlying East Sixteenth Street can be utilized for this Compressed Natural
Gas system crossing of East Sixteenth Street, as shown on the Exhibit A, in the City of
Dubuque, Dubuque County, Iowa, should be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the "Grant of Easement" for Private Utility for Compressed
Natural Gas system to MF Enterprises, L.L.C. be and the same is hereby approved.
Passed, approved and adopted this 20th day of May, 2013.
Attest:
,4.,050,61007L-'
Trish L. Gleason, CMC, Assistant City Clerk
D
Roy D. Buol, Mayor
Prepared by: Ronald J. Turner, City of Dubuque, 50 West 13th Street, Dubuque, IA 52001 (563) 589 -4270
Returned to: Ronald J. Turner, City of Dubuque, 50 West 131h Street, Dubuque, IA 52001 (563) 589 -4270
Tax Information: City of Dubuque, 50 W. 13th St. Dubuque, IA 52001 %Ken Tekippe, 563 - 589 -4133
GRANT OF EASEMENT FOR PRIVATE UTILITY
THROUGH, UNDER AND ACROSS PART OF EAST SIXTEENTH STREET
IN THE CITY OF DUBUQUE, IOWA
For and in consideration of the sum of Five Hundred dollars ($500.00), the receipt whereof is
hereby acknowledged,
The City of Dubuque, A Municipal Corporation of Dubuque County (Grantor)
50 West 13th Street
Dubuque, IA 52001 -4864
of Dubuque County, State of Iowa, does hereby grant, sell and convey to MF Enterprises, L.L.C.
(Grantee) its agents, contractors and assigns, in perpetuity from the date hereof, a right of way
and permanent easement through, under and across the following described real estate situated
in Dubuque, Iowa, to -wit:
A part of East Sixteenth Street right of way west of the intersection of Kerper Blvd.
between Lot 1 of Bee Branch Subdivision No. 2 and Lot 2 of Wendy's Place, all in the
City of Dubuque, Dubuque County, Iowa.
A permanent easement twelve (12) feet wide centered on a 12" diameter casing pipe as
constructed and as shown on the attached Exhibit A, for the purpose of constructing and
maintaining conduits with seamless stainless steel tubes, conduit for power and data collection
lines and said casing pipe, hereinafter called, Private Utility, in accordance with all applicable
National Fire Protection Association (NFPA) Codes with plans reviewed by the City Engineer for
the sum of five hundred dollars ($500.00), plus mapping fees. Proposed minimum clearances
from existing public and private utilities shall be no Tess than twelve (12) inches.
It is understood and agreed that the Grantee herein shall backfill and compact to City standards
the disturbed area to the grade of the surrounding property at the time of completion of the
Private Utility.
Grantee shall assume any and all liability for damages to persons or property which may result
from the existence, location, installation, construction, design, maintenance, or repair of said
Private Utility.
Grantee shall indemnify, hold harmless, and defend, at its own expense, on behalf of
said City, any claim against the City and pay on behalf of the City all sums which the
City shall become obligated to pay by reason of the liability imposed upon the City of
Dubuque for damages or injury of any kind, including third persons, resulting from
location, installation, existence, construction, or maintenance of said Private Utility and
to pay reasonable attorney fees therefore.
This easement does not constitute any approval of the design, erection, location,
construction, repair or maintenance of said Private Utility and grantee agrees not to
assert such claim or defense against the City of Dubuque in event of claim asserted for
death, personal injuries and /or property damage against Grantee arising out of or in any
way connected with the location, installation, construction, design, maintenance, or
repair of Private Utility.
The City reserves unto itself the perpetual right for the purpose of erecting, installing,
constructing, reconstructing, maintaining, owning, operating and repair of storm and
sanitary sewers, watermain, pavement, street lights, gas, telephone, television, fiber
optics cable, and electrical lines above or below said Private Utility as such utilities
would not interfere with the existence of the Private Utility.
Grantee must register with Iowa One -Call. Upon request, Grantee shall submit
documentation to the City Engineer of Iowa One -Call registration membership.
To have and to hold unto MF Enterprises, L.L.C., 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, remodel or repair said Private Utility thereof or therein.
Dated at Dubuque, Iowa, this 20th day of May
Attest:
tL/L/":11
Trish L Gleason, CMC, Assistant City Clerk
, 2013.
TYOF QUBUQUE, IOWA
J !� L
(/�-f Roy D. Buol, Mayor
STATE OF IOWA,
DUBUQUE COUNTY, ss:
On this O day of , 2013, before me a Notary Public in and for said
County and said State, pers ail appeared Roy D. Buol and Kevi -S-frr stahl to me
personally known, who, being by me duly sworn, did say that they diiiTelMrdyorGdiV Clerk
respectively, of the City of Dubuque, Iowa; that said instrument was signed hat% ai9 Jerk
City of Dubuque by authority of Resolution No.160 -13 and that the said Roy D. Buol and
j evirr- S7EFimatathl as such officers, acknowledged the execution of said instrument to be the
voluntary act anc aee°c of said municipal corporation, by it an y them voluntarily executed.
k214i2Z9>
, Notary Public
PAMELA J. AAcCARROPI
Commission Number 772419
My Comm. Exp. Lj .6- -20!
GRANTEE ACKNOWLEDGEMENT
STATE OF IOWA)
MF ENTERPRISES, L.L.C.
Jill Reirfier, Vice President
COUNTY OF DUBUQUE)
On this "a9 day of A„ p,, , 2013, before me, the undersigned, a Notary Public
in and for said State, personally appeared Jill Reimer ✓ 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
same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the
instrument the person(s) acted, executed the instrument.
(Notary Seal) % (sign in ink)
Susa.r., 1k.ra.vv ..-er (print /type name)
Notary Public in and for State of Iowa
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
_X_ CORPORATE OFFICER(S) Vice President (Title)
(CORP SEAL)
AFFIXED
_X_ NO SEAL PROCURED
PARTNER(S) _X_ LIMITED _ GENERAL
ATTORNEY -IN -FACT
TRUSTEE(S)
GUARDIAN /CONSERVATOR
OTHER
SIGNER IS REPRESENTING
MF Enterprises, L.L.C.
PREPARED BY: BUE4`
•
EXHIBIT A
12' WIDE PRIVATE UTILITY EASEMENT ACROSS
EAST 16TH STREET, DUBUQUE, IOWA
LEGEND
FOUND PROPERTY CORNER 3
\ \PROPERTY
LINE
CNG PROPOSED COMPRESSED NATURAL GAS LINE \
FOUND CUT X AT THE
SAN SANITARY SEWER LINE
W W WATER MAIN SOUTHEAST CORNER OF \ elli
LOT 2 OF WENDY'S PLA
OHU OVERHEAD UTILITIES
G 5 GAS LINE LOT 2 OF WENDY'S PLA
/
BACK OF CURB
RIGHT OF WAY ROW ` /�
AO
;or /��
CO /
0\110 � /l6 °
/ %H /
��� ATE 12' UTIL 4 �
.� -------9)--- �/
� EASEME N J
Fi p /NJ
---<---- G p\A\ (
o NJ/ / \9
/ °/ J/ O q6' '
/pN
pNJ
LOT 1 OF
OF BEE BRANCH
SUBDIVISION N0.2
I•—
F0UND- MAO NAIL AT THE NORTHWEST 0' 15' 30
CORNER OF LOT I OF BEE BRANCH CROSS SECTION DETAIL
SUBDIVISION No .z NOT TO SCALE
TOP OF OF CURB EXISTING GAS LINE
I ELEVATION = 608.29 DEPTH UNKNOWN
4.___ BACK OF OF CURB
I 3'
EXISTING 12" WATERMAIN
°— S'°
6
2'Th\
_
APPROXIMATELY 3' TO 4' OF COVER
12" DIAMETER CASING PIPE
EXTENDED 5' PAST RIGHT OF WAY BOTH WAYS
—5'-
3 CNG
— CNG CRG
— CNG CNG CNG — CNG — CNG CNG CNG — CNG — CNG CNG
— CNG
COMPRESSED NATURAL GAS LINE
ROW 27,
12' MINIMUM SEPARATION
APPROXIMATELY 10' DEEP ROW
IN 12" DIAMETER CASING PIPE
EXISTING 18" SANITARY
FLOW LINE ELEVATION 593.10
SHEET TITLE
PROJECT I NO. 13069
,
ASSOCIATES INC.
£AOINEKRS AND SURVEYORS
u u St wewuL A
t(SS» 5E8, '
DATE
REVISIONS
DRAWN BY:
EXHIBIT A
PREPARED FOR:
V- -06£57 ENERGY 50LU11045
c/a SEAN O'NEILL
2002 NEST 3971, STREET
KANSAS OTY. 55 66203
04/26/13
NWL
SCALE:
CHECKED BY:
I' = 3D'
KLB
THE CITY OF
DUB
Masterpiece on the Mississippi
E. 16TH ST. PRIVATE UTILITY EASEMENT DAGIS
o�e�Q�E AaE� �:a�aao�I� I�F�aMa,IO� =v „E�
MF Enter
rises, L.L.C.
)10
00 I .11
0 1801
DISCLAIMER: This Information was compiled
sing 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 accurate Information available, DAGIS 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 liable for any direct, Indirect, Incidental,
usequential, punitive, or special damages, whether foreseeable or
nforeseeable, 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
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Grant of Easement East 16th Street
DATE: April 30, 2013
Dubuque
bratil
A ca
II 1 1 IF
2012
City Engineer Gus Psihoyos recommends the City Council set a public hearing for
May 20, 2013, to consider granting an easement for MF Enterprises, L.L.C. for a
Compressed Natural Gas conduit and piping system between the BP Station and the
proposed convenience store on the south side on East 16th Street right -of -way.
concur with the recommendation and respectfully request Mayor and City Council
approval.
.1,,i114 kr., Sy,.
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
David Heiar, Economic Development Director
Deron Muehring, Civil Engineer II
Phil Wagner, Assistant Economic Development Director
Steve Brown, Project Manager
Masterpiece on the Mississippi
TO:
FROM: Gus Psihoyos, City Engineer
SUBJECT: Grant of Easement East 16th Street
Michael C. Van Milligen, City Manager
DATE: April 26, 2013
INTRODUCTION
Dubuque
AID- America city
it 1r
2012
This is in response to a request from Midwest Energy Solutions, representing MF
Enterprises, L.L.C. for the granting of an easement across East 16tn Street to
accommodate a Compressed Natural Gas conduit and piping system between the BP
Station and the proposed convenience store at the south side of East 16th Street.
DISCUSSION
The attached exhibit shows the East 16th Street right -of -way and the proposed crossing
to deliver Compressed Natural Gas (CNG), power and data lines. MF Enterprises,
L.L.C., DBA Kwik Stop /Rainbo Oil Company, has submitted site plans for the
improvements and associated work on the abutting properties for the source and
destination of the CNG.
The construction of the system includes a 12" diameter casing pipe with conduit for 3/"
diameter seamless coiled stainless steel tubes. The working pressure inside the
seamless coiled stainless steel tubes will be 3600 psi. Two smaller conduits for power
and data collection will also be installed. The depth of the proposed casing pipe is
approximately nine feet below the grade of the street with a minimum clearance of 12"
to the sanitary sewer and other existing utilities.
City Engineering has reviewed the drawings for clearances from existing and potential
improvements of city utilities at the proposed easement area.
The proposed piping system will include emergency stop buttons at each dispenser, c-
store and on the equipment.
Midwest Energy Solutions is responsible for paying for the reviews, easement submittal,
publication and recording fees, in the amount of $500.00. The mapping costs are also
the responsibility of Midwest Energy Solutions.
All documents have been reviewed and approved by the City Engineer, Fire
Department, Water Department, Building Services Department, and Planning & Zoning
Department.
RECOMMENDATION
I would recommend that the "Grant of Easement" for private utility for the proposed
Compressed Natural Gas piping system in the public right -of -way of East 16th Street be
forwarded to City Council to be set for public hearing.
ACTION REQUESTED
The attached resolution should be submitted to the City Council for consideration and to
set a public hearing on May 20th, 2013 for the granting of easement for MF Enterprises,
L.L.C. for a Compressed Natural Gas conduit and piping system on East 16th Street
rig ht -of -way.
Prepared by Jane Smith, EAII
cc: Ron Turner, P.L.S.
Bob Schiesl, Assistant City Engineer
Steve Brown, Project. Manager
Denise Ihrig, Environmental Engineer
Brant Schueller, Water Department
Jerry Stoffel, Building Services Department
Tom Reed, Building Services Department
Dan Brown, Fire Chief
2
RESOLUTION NO. 140 -13
RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST BY GRANT OF
EASEMENT FOR PRIVATE UTILITY TO MF ENTERPRISES L.L.C. FOR AN
UNDERLYING PORTION OF EAST SIXTEENTH STREET
Whereas, MF Enterprises, L.L.C. has requested a "Grant of Easement" for
private utility for an underlying portion of East Sixteenth Street for a Compressed
Natural Gas system; and
Whereas, Buesing and Associates, Inc. has prepared and submitted to the City
Council an exhibit showing the underlying portion of East Sixteenth Street, running
between Lot 2 of Wendy's Place and Lot 1 of Bee Branch Subdivision No. 2 for
proposed Compressed Natural Gas lines 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. That the City of Dubuque intends to grant an easement for private
utility for an underlying portion of East Sixteenth Street in the City of Dubuque, Dubuque
County, Iowa.
Section 2. That the granting of easement in the City of Dubuque, Dubuque
County, Iowa to MF Enterprises, L.L.C. be contingent upon the payment of $500.00,
plus platting fees.
Section 3. That the City Clerk be and is hereby authorized and directed to
cause a notice of intent to dispose of City interest by grant of easement for an
underlying portion of East Sixteenth Street to be published in the manner as prescribed
by law.
Passed, approved and adopted this 6th day of May, 2013.
v
Key S. Firnstahi, CMC, City Clerk
Roy D. Buol, Mayor
THE CITY OF
DUB
Masterpiece on the Mississippi
E. 16TH ST. PRIVATE UTILITY EASEMENT DAGIS
o�e�Q�E AaE� �:a�aao�I� I�F�aMa,IO� =v „E�
MF Enter
rises, L.L.C.
)10
00 I .11
0 1801
DISCLAIMER: This Information was compiled
sing 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 accurate Information available, DAGIS 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 liable for any direct, Indirect, Incidental,
usequential, punitive, or special damages, whether foreseeable or
nforeseeable, 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
EXHIBIT A
12' WIDE PRIVATE UTILITY EASEMENT ACROSS
EAST 1611h STREET, DUBUQUE, IOWA
LEGEND
• FOUND PROPERTY CORNER \ 3
\ \
PROPERTY LINE
-----
CNG— PROPOSED COMPRESSED NATURAL GAS LINE \ �
V FOUND CUT X AT THE \
SAN SANITARY SEWER LINE
—W —W —WATER MAIN SOUTHEAST CORNER OF 0
LOT 2 OF WENDY'S PLA
DHU OVERHEAD UTILITIES LOT 2 OF WENDY'S PLA _
GAS LINE
G G
BACK OF CURB -`"
RIGHT OF WAY ROW .------
00 /�
a _ /�
� N
�QD
ova RC � S
i3 Q b� %//44
.2-- MATE 12' UTIL �j
e p EASEME ! fi 0�
�
v/N
GN /0
0
/�-/ \� �9 /
/c, / j 61
�ON
oN
—' 2'
1
OF LBOET E BRANCH
SUBDIVISION N0.2
FCORNER NAIL THE ANCHT 0' 15' 30'
CROSS SECTION DETAIL
SUBDN N OF CURB NOT TO SCALE
TOP EXISTING GAS LINE
I ELEVATION = 608.29 DEPTH UNKNOWN
-I BACK OF OF CURB
.
I 3'
0-...
EXISTING 12" WATERMAIN
h-5'_
2' 6
0-..
f APPROXIMATELY 3' TO 4' OF COVER
12" DIAMETER CASING PIPE E-51--I EXTENDED 5' PAST RIGHT OF WAY BOTH WAYS
3— CNG
—CNG —CRG—
CNG — CNG — CNG — CNG — CNG — CNG — CNG — CNG — CNG — CNG —CNG
}+ COMPRESSED NATURAL GAS LINE
ROW 27'_
12" MINIMUM SEPARATION
J U APPROXIMATELY 10' DEEP ROW
\ IN 12" DIAMETER CASING PIPE
EXISTING 18" SANITARY
FLOW LINE ELEVATION 593.10
1 SHEET 1 I
SHEET TIRE
PROJECT 1 N0. 13069
G �Vi
� EVA�IIN /"
dA 1212 LOON TW. SURVEYORS
1212 (MI) 05 4106 u
OAT) ���
REVISIONS
DRAWN BY:
EXHIBIT A
PREPARED FOR:
MIDWEST ENERGY NEWTONS
2002 W STAN E'NEIT
KANSAS S CI 39TH STREET
KANNAN CITY. KS 66203
04/26/13
SCALE:
CHECKED BY:
1" = 30
KLB
MIDWEST
ENERGY
S O L LI T I O N S
Honorable Mayor and City Council
50 West 13th Street
Dubuque, IA 52001 -4845
Request
April 24, 2013
RE: REQUEST FOR GRANT OF RIGHT OF WAY AND PERMANENT EASEMENT
FOR PRIVATE UTILITY
Dear Mayor and Council Members:
This letter is written to inquire about the possibility of granting a right of way and
permanent easement for private utility in the name of MF Enterprises, DBA Kwik Stop/
Rainbo Oil Company at:
East 16th Street, southeast of the intersection of Kerper Boulevard in the City of
Dubuque, Dubuque County, Iowa.
Midwest Energy Solutions, Inc., General Contractor for Kwik Stop /Rainbo Oil Company,
request a 12' private utility easement across East 16th Street to between Lot 2 of
Wendy's Place and Lot 1 of Bee Branch Subdivision No.2. Please see Exhibit A from
Buesing & Associates Inc. describing the exact location for the 12' easement and cross
sectional detail for depth of the proposed utility lines in relation to existing utilities.
The right of way and permanent easement will be used to run six (6) parallel 3/4"
seamless stainless steel tubes rated to deliver Compressed Natural Gas (CNG) at 3600
psig. Those stainless steel tubes will be also be encased in HPDE conduit within the
maximum of a 24" diameter bored sheath. The easement will also contain two (2) HPDE-
encased low voltage electrical power lines to power emergency shutdown devices and
transmit pulser metering information from the CNG dispenser at the proposed
convenience store station on the South side of the easement to the priority control
equipment at the BP /Amoco station on the North side of the easement.
Midwest Energy Solutions have contacted Buesing & Associates Inc concerning
recommendations for depth placement of the proposed utility lines after locating the
existing utilities across the easement plat. Each party would prefer to locate the 24"
diameter bore below all existing utilities to allow the existing Sanitary Sewer line to be
more accessible within the easement. With the depth of the Sanitary Sewer line and the
distance between the water and gas lines, we propose to place the utlility lines at an
approximate depth of 9' below grade. Please call me at 913.206.1904 if you have
questions.
Thank you for your consideration of this request.
Sincerely,
Sean O'Neill
Director of Operations
Midwest Energy Solutions
Conversion Office: 14725 Todd Creek Rd. Platte City, MO 64079 816 - 519 -9850
Engineering Office: 2002 W.39th Ave. Kansas City, KS 66103 913 -945 -7845
CITY OF DUBUQUE,;
,OWA
BFFICIAL PICTICE
PUBLIC NOTICE IS
HEREBY GIVEN that the
City Council of the City
of Dubuque, Iowa, will
hold a public hearing
on the 20th day of May,
2013, at 6:30 p.m. in the
Historic Federal Build-
ing, 350 W. 6th Street,
Dubuque, Iowa, at
which meeting the City
Council proposes to
dispose of an interest
in real property by
grant of easement to
MF Enterprises, LLC for
the following described
real property:
the underlying portion
of (East Sixteenth
Street, running be-
tween Lot 2 of Wendy's
Place and Lot 1 of Bee
Branch Subdivision No.
2 in the City of Dubu-
que, Dubuque; County,
Iowa, for proposed
compressed natural
gas lines. e
At; th meeting,
City Council will re-
ceive oral and written
comments from any
resident or ' property,
owner of said City to
the above action. Writ -?
ten' comments regard-
ng the above public
hearing may be sub-
mitted to the City
Clerk's Office on or be-
fore said time of public
hearing.
Copies of supporting
documents for the pub-
lic hearings are on file
in the City Clerk's Of-
fice 50 W. 13th Street,
and may be viewed
during normal working
hours.
Any visual or hearing
ir-0 haired persons
needing special assis-
tance or persons with
special accessibility
needs should contact
the City Clerk's Office
at (563) 589 -4120 or
TTY (563) 690 -6678 at
least 48 hours prior to
the meeting.
Published by order of
the City Council the 6th
day of May, 2013.
Kevin S. Firnstahl,
CMC, City Clerk
RESOLUTOON
NO. 140-13
RESOLUT1ON OF IN-
TENT TO DISPOSE OF
CITY INTEREST BY
GRANT OF EASEMENT
FOR PRIVATE UTILITY
TO MF ENTERPRISES
L.L.C. FOR AN UNDER -
LYING PORTION OF -'
EAST SIXTEENTH
STREET
Whereas, MF Enter-
prises, L.L.C. has re-
quested, a "Grant of
Easement" for private
utility for an underlying
portion of East Six-
teenth Street for a
Compressed Natural
Gas system; and
Whereas, Buesing and
Associates, Inc. has
prepared and submit-
ted to the City Council
an exhibit showing the
underlying portion of
East Sixteenth Street,
running between Lot 2
of Wendy's Place and
Lot 1 of Bee Branch
Subdivision No. 2 for
proposed Compressed
Natural Gas lines in the
City of Dubuque, Dubu-
que County, Iowa♦
NOW, THEREFORE, BE
IT RESOLVED BY THE
CITY COUNCIL OF THE
CITY OF DUBUQUE, IO-
WA:
Section 1. That the
City of Dubuque in-
tends to grant an ease-
ment for privae futility
for an underlying por-
tion of East Sixteenth
Street in the City of Du-
buque, Dubuque Coun-
ty, Iowa.
Section 2. That the
granting of easement
in the City of Dubuque,
Dubuque County, Iowa
to MF Enterprises,
L.L.C. be contingent
upon the payment of
$500.00, plus platting
fees.
Section 3. That the
City Clerk be and is
hereby authorized and
directed to cause a no-
tice of intent to dis-
pose of City interest by
grant of easement for
an underlying portion !.
of East Sixteenth
Street to be published
in the manner as pre-
scribed by law.
Passed, approved and
adopted this 6th day of
May, 2013.
Roy D. Buol, Mayor
Attest: Kevin S.
Firnstahl, CMC,
City Clerk
1t 5/10'
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: May 10, 2013, and for which the charge is $42.17.
Subscribed to before ma a Notary Public in and for Dubuque County, Iowa,
this /p day o , , 20 / .
otary Public in and for Dubuque County, Iowa.
MARY K. VVESTERM
CcrnrniaSion