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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