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Kennedy Mall, LTD, Acceptance of Utility EasementMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager Dubuque band AI- America City IIIii! 2007 • 2012 • 2013 SUBJECT: Acceptance of Utility Easement from Kennedy Mall Ltd. JFK & Wacker Drive Intersection Improvements Traffic Signalization CIP #1011919 DATE: December 17, 2013 City Engineer Gus Psihoyos recommends City Council approval of a resolution accepting the Grant of Utility Easement from Kennedy Mall Ltd. for the JFK and Wacker Drive Intersection Improvements Traffic Signalization Project scheduled for construction in the Spring of 2014. I concur with the recommendation and respectfully request Mayor and City Council approval. 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 TO: FROM: Gus Psihoyos, City Engineer Masterpiece on the Mississippi Michael C. Van Milligen, City Manager Q SUBJECT: Acceptance of Utility Easement from Kennedy Mall Ltd. JFK & Wacker Drive Intersection Improvements Traffic Signalization CIP # 1011919 DATE: December 11, 2013 INTRODUCTION Dubuque hinbEi All Amerh aCity 2007.2012•2(M3 The purpose of this memorandum is to seek acceptance of a utility easement from Kennedy Mall Ltd. for the proposed JFK & Wacker Drive Intersection Improvements Traffic Signalization project. DISCUSSION The proposed Grant of Easement is for the construction of underground electric, fiber optic cable, traffic signals and other appurtenant improvements associated with the JFK & Wacker Drive Intersection Improvements Traffic Signalization project. The easement area to be granted from Kennedy Mall is located along the west side of the intersection of Wacker Drive and John F. Kennedy Road. This project is scheduled for construction in the Spring of 2014. The attached Grant of Easement document details the conditions of the easement. The attached Easement A exhibit shows the extents of the easement area. RECOMMENDATION I recommend accepting the Grant of Easement for underground electric, fiber optic cable, traffic signals and other appurtenances through and across a part of Lot 1- 1 -1 -1 -1 of Hawkeye Stock Farm in the City of Dubuque, Iowa, shown as Easement A on the attached exhibit. ACTION TO BE TAKEN I respectfully request adoption of the attached resolution accepting the Grant of Utility Easement from Kennedy Mall Ltd. Prepared by Nate Kieffer, PLS cc: Dave Ness, Civil Engineer Prepared by: Russell N. Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270 Return to: Russell N. Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270 RESOLUTION NO. 2 -14 A RESOLUTION ACCEPTING THE GRANT OF A UTILITY EASEMENT THROUGH, OVER AND ACROSS A PART OF LOT 1- 1 -1 -1 -1 OF HAWIKEYE STOCK FARM IN SECTIONS 27 AND 28, DUBUQUE TOWNSHIP, IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Kennedy Mall Ltd. have executed an Easement for Underground Electric, Fiber Optic Cable, Traffic Signals, and Other Appurtenances through, under and across Lot 1- 1 -1 -1 -1 of Hawkeye Stock Farm in Sections 27 and 28, Dubuque Township, 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 Underground Electric, Fiber Optic Cable, Traffic Signals, and Other Appurtenances through, over and across Lot 1- 1 -1 -1 -1 of Hawkeye Stock Farm in Sections 27 and 28, Dubuque Township, in the City of Dubuque, Dubuque County, Iowa from Kennedy Mall Ltd., 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 6th day of January, 2013. Attest: / ` Kevin. Firnstah , CM , City Clerk Li 7 Roy D. Buol, Mayor • I I I II 1 1 1 1 1 1 1 II I I I I I I I I I I I I I I I I II II I I I ►I I►I I I1►I I I I I► I►►►I I I ll I I►►► I I►►1►1►► ►I I► Doc ID 007882650009 Type GEN Kind EASEMENT Recorded: 01/08/2014 at 03:32:10 PM Fee Amt: $47.00 Page 1 of 9 Dubuque County Iowa Kathy Flynn Thurlow Recorder Fi1e2014_00000335 Prepared by: Nate Kieffer. City of Dubuque. Engineerino Dept. 50 W. 13th Street. Dubuque, Iowa 52001 (563) 589 -4270 Return to: Nate Kieffer, City of Dubuque, Engineering Dept., 50 W. 13th Street, Dubuque, Iowa 52001 (563) 589 -4270 GRANT OF EASEMENT FOR UNDERGROUND ELECTRIC, FIBER OPTIC CABLE, TRAFFIC SIGNALS & OTHER APPURTENANCES For and in consideration of the sum of Three Thousand Nine Hundred Thirteen and 39/100 Dollar ($3,913.39) and other good and valuable consideration„ Kennedy Mall, Ltd. ( "Grantor") a limited liability company, duly organized and existing under the laws of the state of Ohio, does hereby grant to the CITY OF DUBUQUE, IOWA ( "Grantee "), a municipal corporation, its agents and contractors, from the date hereof, a right -of -way and easement through, under and across the following described real estate situated in Dubuque, Iowa, to wit: A part of Lot 1- 1 -1 -1 -1 of Hawkeye Stock Farm in Sections 27 and 28, Dubuque Township, in the City of Dubuque, Dubuque County, Iowa, containing 2,856.49 square feet, as shown on Exhibit A attached hereto and by reference made a part hereof. Said easement shall be as shown on the attached Exhibit A and is for the limited purpose of constructing and maintaining 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. Additionally, prior to performing any work permitted hereunder, Grantee shall provide Grantor and Grantor's Property Manager with no less than seven (7) days advanced written notice that Grantee intends to perform said work. It is understood and agreed that the Grantee herein shall restore the area disturbed by the construction, maintenance or repair of said underground electric, fiber optic cable, traffic signals and other appurtenances to the condition existing as of the mutual execution this agreement. Grantor shall not erect any structure over or within the easement area without obtaining the prior written approval of the City Engineer. Grantor shall not materially and adversely change the grade, elevation, and contour or perform any construction or excavation that will materially and adversely diminish the lateral support or integrity of said improvements without obtaining the prior written consent of the City Engineer (said consent not to be unreasonably withheld, conditioned or delayed) Grantee shall indemnify and hold harmless Grantor from any and all claims, demands, and causes of action, whether in law or in equity, costs and expenses, liability, loss or damage arising, directly or indirectly, from Grantee's or its employees, contractors, agents, invitees, etc. actions or inaction in connection with this easement, or with Grantee's duties in regard to the easement, or with the exercise, use or enjoyment of the rights herein granted to Grantee. Additionally, Grantee and /or its authorized agent(s), contractor(s), employee(s), etc., shall not materially interfere with the Grantor's tenants, invitees or the business upon the Grantor's property. v 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 storm sewer thereon or therein. Dated at\i w r x ,11\ , chic, this C day of , 2013 Kennedy Mall, Ltd. By: 4A1 By: '4- 4..A a w�-a cti 7� Anthony M. Cafar (J ` r., Aut or' ed Agent Robert L. Mackall, Ill, Authorized Agent ALL PURPOSE ACKNOWLEDGMENT STATE OF OHIO) COUNTY OF MAHONING) ;� On this (f/A-\- day of 1QCO rf\�QIL, 2013, before me, the undersigned, personally appeared Anthony M. Cafaro, Jr. and Robert L. Mackall, Ill to me known to be the Authorized Agents of Kennedy Mall, Ltd., who did say that said instrument was signed on behalf of the owners by its authority and the said Authorized Agents acknowledged the execution of said instrument which signature appears hereon to be the voluntary act and deed of the owners and by its voluntarily executed. (Notary Seal) VALERIE LYNN DEPIETRO Notary Public -State of Ohio A21,9/ My Commission Expires October 6, 2014 ( Signature) 2'6I(6. (Print/Type Name) Notary Public in and for State of Ohio CAPACITY CLAIMED BY SIGNER INDIVIDUAL CORPORATE OFFICER(S) Authorized Agents (Title) (CORP SEAL) AFFIXED NO SEAL PROCURED PARTNER(S) LIMITED GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER SIGNER IS REPRESENTING Kennedy Mall, Ltd. Dated at , Ohio this day of , 2013 City of Dubuque By: d.4,4 Mayor Roy&'D. Buol ALL PURPOSE ACKNOWLEDGMENT STATE OF IOWA) COUNTY OF DUBUQUE) On this l% day of ✓ 22 , 20 , before me, the undersigned, personally appeared Roy D. Buol, Mayor of the ity of Dubuque C to me personally known or provided 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 capcity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the ins rument. Notary Seal) KEVIN S. FIRNSTAHL COMMISSION NO.745295 MY COMMISSION_ EXPIRES (Signature) Kevin Firnstahl (Print/TypeName) Notary Public in and for State of Iowa CAPACITY CLAIMED BY SIGNER INDIVIDUAL CORPORATE OFFICER(S) Authorized Agents (Title) (COMP SEAL) ,/ AFFIXED NO SEAL PROCURED PARTNER(S) LIMITED GENERAL _ ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER SIGNER IS REPRESENTING City of Dubuque September 18, 2013 State of Iowa County of Dubuque Township of Dubuque City of Dubuque Kennedy Mall LEGAL DESCRIPTION Easement A Situated in the State of Iowa, County of Dubuque and being part of Lot 1- 1 -1 -1 -1 of Hawkeye Stock Farm in Sections 27 and 28, Township of Dubuque, City of Dubuque, and also being part of Kennedy Mall, Inc. as recorded in Deed Book 4715, Page 92, at the Office of the County Recorder, and being further bounded and described as follows: Beginning at the northeasterly corner of the Southeast Quarter of the Northeast Quarter of Section 28, T89N, R2E in the City of Dubuque, Dubuque County, Iowa; Thence S 89° 14' 55" W, along the northerly line of Lot 8 of Yiannias Place in the City of Dubuque, Iowa, a distance of 136.50 feet to a point on a curve on the westerly right -of -way of JFK Road: Thence along the westerly right -of -way of JFK Road and along the arc of a curve to the left, a distance of 254.77 feet to a point, having a radius of 955.37 feet and a central angle of 15° 16' 46 ", with a chord bearing S 26° 18' 50" E, and a chord distance of 254.02 feet to the westerly right -of -way line of Wacker Drive; Thence S 00° 09' 45" E, along the westerly right -of -way line of Wacker Drive, a distance of 35.17 feet to the TRUE PLACE OF BEGINNING for the herein described easement area; Thence continuing S 00° 09' 45" E, along the westerly right -of -way line of Wacker Drive, a distance of 270.39 feet; Thence S 89° 50' 15" W, entering upon the lands of the Kennedy Mall, Inc., a distance of 6.00 feet; Thence N 00° 09' 45" W, a distance of 39.00 feet; Thence S 89° 50' 15" W, a distance of 10.00 feet; Thence N 00° 09' 45" W, a distance of 50.00 feet; Page 1 of 4 Easement A Kennedy Mall Legal Description Thence N 45° 00' 00" W, a distance of 35.46 feet; Thence N 45° 00' 00" E, a distance of 35.25 feet; Thence N 89° 50' 15" E, a distance of 13.00 feet; Thence N 00° 09' 45" W, a distance of 135.62 feet; September 18, 2013 Thence S 35° 31' 07" E, along the southwesterly line of a 20 foot easement, a distance of 5.18 feet to the True Place of Beginning and enclosing an area of 2,856.49 square feet or 0.0656 acre of land more or less. The above said legal description is not based on an actual field boundary survey, but is based on the following information (1) Legal description prepared by Ronald J. Turner Land Surveyor, dated May 30, 2013. (2) Quit Claim Deed as recorded in Deed Book 196, Page 685, at the Office of the County Recorder. Kennedy Mall, Ltd. File No. 21 Final Page 2 of 4 0 N THE KENNEDY MALL, INC. VOL. 4715, PG 92 R/W S35 °31'07 "E 5.18' ✓ LOT 8 OF YIANNIAS PLACE 4 S00 °09'45 "E 35.17' WACKER DRIVE S00 °09'45 "E 270.39' CURVE DATA CURVE R Q L CH CH. BRG. A 955.37' 15°16'46" 254.77' 254.02' S26 °18'50 "E P.O.B. NE CORNER OF SE 1/4 OF THE NE 1/4 SECTION OF SECTION 28 T89N, R2E LOCATION PLAN KENNEDY MALL DUBUQUE COUNTY, IOWA EASEMENT A SEPTEMBER 18,2013 SCALE 1" = 50' 3 OF 4 1 EASEMENT A 2,859.49 SQ. FT. OR 0.0656 AC - jI N45 °00'00 "W N00 °09'45 "W 35.46 Ac. 589 °50'15 "W 50.00' 10.00' I I I I i N00 °09'45 "W 39.00' THE KENNEDY MALL, INC. VOL. 4715, PG 92 III N45 °00'00 "E 35.25' / N89 °50'15 "E 13.00' N00 °09'45 "W ' S35 °31'07 "E 135.62' 5.18' MEI S00 °09'45 "E 270.39' S00 °09'45 "E 35.17' CURVE DATA CURVE R Q L CH CH. BRG. A 955.37' 15 °16'46" 254.77' 254.02' S26 °18'50 "E LOCATION PLAN KENNEDY MALL DUBUQUE COUNTY, IOWA EASEMENT A SEPTEMBER 18,2013 SCALE 1" = 50' 4 OF 4 THE KENNEDY MALL, INC. VOL. 4715, PG 92 N00 °09'45 "W 135.62' S35 °3 1'07 "E 5.18' IMMI .. WACKER DRIVE T.P.O.B. S00 °09'45 "E 270.39' V S00 °09'45 "E 35.17' LOT 8 OF YIANNIAS PLACE CURVE DATA CURVE R Q L CH CH. BRG. A 955.37' 15 °16'46" 254.77' 254.02' S26 °18'50 "E P.O.B.' NE CORNER OF SE 1/4 OF THE NE 1/4 SECTION OF SECTION 28 T89N, R2E LOCATION PLAN KENNEDY MALL DUBUQUE COUNTY, IOWA EASEMENT A SEPTEMBER 18,2013 SCALE 1 " =50' 3 OF 4 \RLADHOU5E EASEMENT A 2,859.49 SQ. FT. OR 0.0656 AC - JI N45 °00 00 W N00 °09'45 "W 35.46' Ac. S89 °50'15 "W 50.00' 10.00' I I I I I N00 °09'45 "W 39.00' THE KENNEDY MALL, INC. VOL. 4715, PG 92 N45 °00'00 "E 35.25' 0 N E-1 N89 °50'15 "E 13.00' N00 °09'45 "W 135.62'7 IMO MN S35 °31'07 "E 5.18' S89 °50'15 "W 6.00' WACKER DRIVE S00 °09'45 "E 270.39' S00 °09'45 "E 35.17' T.P.O.B. CURVE DATA CURVE R A L CH CH. BRG. A 955.37' 15 °16'46" 254.77' 254.02' S26 °18'50 "E LOCATION PLAN KENNEDY MALL DUBUQUE COUNTY, IOWA EASEMENT A SEPTEMBER 18,2013 SCALE 1" = 50' 4 OF 4 Prepared by: Russell N. Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270 Return to: Russell N. Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270 RESOLUTION NO. 2 -14 A RESOLUTION ACCEPTING THE GRANT OF A UTILITY EASEMENT THROUGH, OVER AND ACROSS A PART OF LOT 1- 1 -1 -1 -1 OF HAWIKEYE STOCK FARM IN SECTIONS 27 AND 28, DUBUQUE TOWNSHIP, IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Kennedy Mall Ltd. have executed an Easement for Underground Electric, Fiber Optic Cable, Traffic Signals, and Other Appurtenances through, under and across Lot 1- 1 -1 -1 -1 of Hawkeye Stock Farm in Sections 27 and 28, Dubuque Township, 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 Underground Electric, Fiber Optic Cable, Traffic Signals, and Other Appurtenances through, over and across Lot 1- 1 -1 -1 -1 of Hawkeye Stock Farm in Sections 27 and 28, Dubuque Township, in the City of Dubuque, Dubuque County, Iowa from Kennedy Mall Ltd., 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 6th day of January, 2013. Attest: Kevin . Firnstah , CM City Clerk Roy D. Buol, Mayor CERTIFICATE of the CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 2 -14 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 7th day of January, 2014. Kevi S. irnstahl, CM City Clerk