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