Key City Investment Co._Acceptance of Utility Easement_Yiannias PlaceTHE CITY OF
Dui
Masterpiece on the Mississippi
Dubuque
band
AI -America City
r
2007 • 2012 • 2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Acceptance of Utility Easement from Key City Investment Co.
JFK & Wacker Drive Intersection Improvements Traffic Signalization
CIP #1011919
DATE: May 12, 2014
City Engineer Gus Psihoyos recommends City Council acceptance of a utility easement
from Key City Investment Co. for the construction of underground electric, fiber optic
cable, traffic signals and other appurtenant improvements associated with the JFK &
Wacker Driver Intersection Improvements Traffic Signalization project.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
bt/1144 .,
Mic ael 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: Acceptance of Utility Easement from Key City Investment Co.
JFK & Wacker Drive Intersection Improvements Traffic Signalization
CIP # 1011919
DATE: May 2, 2014
INTRODUCTION
Dubuque
bfrd
AI -America City
2007 • 2012 • 2013
The purpose of this memorandum is to seek acceptance of a utility easement from Key City Investment
Co. 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 Key City Investment
Company is located along east side of the intersection of Wacker Drive and John F. Kennedy Road on
the Petsmart business property at 1300 John F. Kennedy Road. This project is tentatively scheduled
for construction in the Fall of 2014.
The attached Grant of Easement document details the conditions of the easement. The attached
Exhibit A shows the extents of the easement area.
RECOMMENDATION
recommend accepting the Grant of Easement for underground electric, fiber optic cable, traffic signals
and other appurtenances through and across a part of Lot 2-11 in Yiannias Place, in the City of
Dubuque, Iowa, as shown on the attachment labelled Exhibit A.
ACTION TO BE TAKEN
I respectfully request adoption of the attached resolution accepting the Grant of Utility Easement from
Key City Investment Co.
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. 147-14
A RESOLUTION ACCEPTING THE GRANT OF A UTILITY EASEMENT
THROUGH, OVER AND ACROSS A PART OF LOT 2-11 YIANNIAS PLACE,
IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, Key City Investment Co. has executed an Easement for
Underground Electric, Fiber Optic Cable, Traffic Signals, and Other
Appurtenances through, under and across Lot 2-11 Yiannias Place, 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 2-11 Yiannias Place, in the City of Dubuque, Dubuque County, Iowa
from Key City Investment Co., 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 19th day of May, 2014.
Attest:
Kevin irnstahl
, City Clerk
Roy D. Buol, Mayor
Prepared By: Nate Kieffer 50 West 13th St. Dubuque,IA 52001 Ph:563-589-4270
Found Aluminum
Disc on "T' Post
RLS # 9767 @
NE Corner, SE Y4,
NE Y4 Sec. 28, T89N, R2E
EXHIBIT A
UTILITY EASEMENT ACROSS PART OF
LOT 2-11 YIANNIAS PLACE IN THE CITY OF DUBUQUE
Easterly Corner
Lot 1-11 Yiannias
Place, Found 5/"
Rebar w Cap #4850
S 89°14'55" W 86.87 FT (87.09 FT)
Found Masonry Nail
in Sidewalk
@ NW Corner Lot 8
Yiannias Place
CH = S 30°58'40" E
R = 922.00 FT
L = 259.42 FT (259.53 FT)
CL = 258.57 FT
Lot 8 Yiannias
Place
P.O.C. - N.W. Corner
LOT 2-11Yiannias Place
CH = S 40°44'50" E
R = 922.00 FT 0 15' 30' 60'
L = 55.00 FT SCALE 1" = 30' FEET
CL = 54.99 FT
NOTES:
1. EASEMENT LIES IN SW Y4
OF NW Y4
SECTION 19 T89N R3E
OF THE 5TH P.M.
NORTH
N 47°32'35" E 20.00 FT
CH = S 43°14'45" E
R = 902.00 FT
L = 24.86 FT
CL= 24.86 FT
P.O.B.
CH = N 45°43'10" W
R = 922.00 FT \
L = 105.00 FT
CL = 104.94 FT
Lot 2-11 Yiannias
Place
Easement Area
1,444 S.F.
S 45°57'50" W 10.00 FT
CH = S 45°33'50" E
R=912.00 FT
L = 48.64 FT
CL = 48.63 FT
N 42°54'30" E 5.00 FT
Lot 2-1-1-2-2-1-1
of Hawkeye Stock Farm
I hereby wrty Mal Hs land surveying d°°snenl was prepared and
the related surrey work was performed by me or under my deed
personal supervision and that I am a duly licensed Land
Surveyor under the laws of the Slate of Iowa.
For the Cly of Dubuque
-(441/1.1 04-30-201f
Russel N. Kiefer Iowa Lie No.16128 Dale
My icons. renewal dale n December 31, 2014
Pages or sheen covered by this seat. SHEET 1 AND 2
10'x20' TEMPORARY
CONSTRUCTION EASEMENT
CH = S 48°0210" E
R = 907.00 FT
L = 29.92 FT
CL = 29.92 FT
S 41°01'05" W 15.00 FT
LEGEND
• FOUND IRON ROD/PIPE AS SHOWN
O SET 8' REBAR WITH YELLOW
PLASTIC CAP #9651
R.O.W. RIGHT OF WAY
(100.00') RECORDED DIMENSION
P.O.B. POINT OF BEGINNING
P.O.C. POINT OF COMMENCEMENT
ADJACENT PROPERTY LINE
— RIGHT OF WAY LINE (EXISTING)
— — — — RIGHT OF WAY LINE (PROPOSED)
e FOUND MAG NAIL
• FOUND CONCRETE MONUMENT
Dubuque
All -America City
1III1.'
2007
CITY OF DUBUQUE
ENGINEERING DEPARTMENT
CITY HALL, 50 WEST 13th STREET
DUBUQUE, IA 52001-4864
PHONE (583) 589-0270 FAX (663) 589-4205
Dram Bp RM( IA9patl Ely: Rud( (Dale 02452014
LOT 2-11 YIANNIAS PLACE
OWGIAmotec vwhher.t20, ,snwr+>n.002•...,2 060
P60Vebrna104 3,oaea..,a4blaylam0 tiaut21020>Jtq
DJP. hkrnber. 1011919 1 l 1 of
Prepared by: Nate Kieffer, City of Dubuque. Engineering Dept. 50 W. 13th Street, Dubuque, Iowa 52001 (563) 589-4270
Retum 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 Nine Thousand Six Hundred Forty Six and 00/100 Dollars
($9,646.00) and other good and valuable consideration, KEY CITY INVESTMENT CO.
("Grantor"), of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do hereby
grant, sell and convey to the CITY OF DUBUQUE, IOWA ("Grantee"), a municipal corporation, its
agents and contractors, from the date hereof, an easement over, through, under and across the
following described real estate situated in Dubuque, Iowa, to wit:
A part of Lot 2-11 Yiannias Place, in the City of Dubuque, Dubuque County, Iowa, as
shown on Exhibit A attached hereto and by reference made a part hereof.
Said easement shall be as shown on the attached Exhibit A for the 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 Tenant/Lessee with no less than seven (7) days
advanced written notice that Grantee intends to perform said work.
Together with the right to enter upon said property and occupy the temporary easement area as
shown on the attached Exhibit A during the period of construction until the project is accepted by
City Council.
It is understood and agreed that the Grantee herein shall restore the disturbed area due to 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 change the grade, elevation, and contour or perform any construction or
excavation that will diminish the lateral support or integrity of said improvements without
obtaining the prior written consent of the City Engineer.
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.
Date at /ULth u 6zuk, , ,1. ,1PadO this 6F day of
l 0 , 2014 �u1
Key City Investment Co.
By:
Geor
ice President
ALL PURPOSE ACKNOWLEDGMENT
STATE OF MINNESOTA)
COUNTY OF HENNEPIN)
On this 15/ day of MQ N , A.D., 2014, before me, the undersigned, personally
appeared Georgie Yiannias to nie known to be an Authorized Agent of Key City Investment Co.,
who did say that said instrument was signed on behalf of the owners by its authority and the said
Authorized Agent acknowledged the execution of said inst me t w ich signature appears
hereon to be the voluntary act and deed of the owners . b its • tun . rily executed.
(Notary Seal)
KEVIN A VANDVERBEKE
NOTARY PUBLIC - MINNESOTA
MY COMMISSION EXPIRES 01131118
/ INDIVIDUAL
CORPORATE OFFICER(S) Authorized Agents (Title)
I' (sign in ink)
UI IV /-I-1/m0 f;( f (print/type name)
Notary Public in and for State of Minnesota
CAPACITY CLAIMED BY SIGNER
(CORP SEAL)
AFFIXED
_ NO SEAL PROCURED
PARTNER(S) — LIMITED GENERAL
_ ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING
Key City Investment Co.
LESSEE'S CONSENT TO GRANT OF EASEMENT
VNO TRU Kennedy Road LLC, Lessee pursuant to an Assignment and Assumption Agreement
(lease agreement) dated October 16, 2006, filed October 27, 2006, Instrument Number 2006-
00016721, records of Dubuque County, Iowa, hereby consents to this Grant of Easement for
Underground Electric, Fiber Optic Cable, Traffic Signals and Other Appurtenances.
Dated Vflit 6 J (`, .�.�. ft1P ,V this 7 '- day of
,201
VNO TRU Kennedy Road LLC
By: Vorna
a o R alt I cTrrusst, its authorized signatory
Name: Macncw
Title. :ocutive Vice President - Finn*
Ch;pf Administrative Officer
ALL PURPOSE ACKNOWLEDGMENT
STATE OF NEW JERSEY)
COUNTY OF 1�2s i" )
On this g day of , A.D., 2014, before me, the undersigned, personally
appeared 30seQ1/ ►'Y &c_n z to me known to be EV P—►= r c , c 4o of Vornado
Realty Trust, who did say that said instrument was signed on behalf of the Lessor by its authority
and the said P - Frv,cwi cA u40 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) Kimberly Sue Priestner
Notary Public State of: yr
Commission Expires February 2, 2015
(sign in ink)
Tht, Pr: e. /. (print/type name)
Notary Publi in and for State of New Jersey
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
Vornado Realty Trust
City of Dubuq
By: (1)
Mayor Roy D. ;� o
ALL PURPOSE ACKNOWLEDGMENT
STATE OF IOWA)
COUNTY OF DUBUQUE)
On this 191/4 day of , 2014, before me, the undersigned, personally
appeared Roy D. Buol, Mayor f the City of Dubuque
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 tr'nstrument.
Notary Seal)
KEVIN S. FIRNSTAHL
COMMISSION NO.745295
MY CQ1W1/02/ 1EXPIRES
/4 Ar,i6/--4.1_
Notary Public in and for State of Iowa
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
CORPORATE OFFICER(S) Authorized Agents (Title)
(EAL)
AFFIXED
NO SEAL PROCURED
PARTNER(S) _ LIMITED _ GENERAL
_ ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
(Signature)
(Print/Type Name)
SIGNER IS REPRESENTING
City of Dubuque
Page 2 of 2
EXHIBIT A
EASEMENT LEGAL DESCRIPTION:
A part of Lot 2-11 Yiannias Place in the City of Dubuque, Iowa;
More particularly described as follows:
Commencing as point of reference at the northwest corner of Lot 2-11
Yiannias Place in the City of Dubuque, Iowa;
Thence southeasterly along the northeasterly right of way line of John F.
Kennedy Road 55.0 feet along a 922.00 foot radius curve, concave
northeasterly, (chord S 40° 44' 50" E, 54.99 feet) to the point of beginning
(this is an assumed bearing for this description only);
Thence N 47° 32' 35" E, 20.00 feet to a point;
Thence southeasterly along a line parallel to the northeasterly right of way
line of John F. Kennedy Road 24.86 feet along a 902.00 foot radius curve,
concave northeasterly, (chord S 43° 14' 45" E, 24.86 feet) to a point;
Thence S 45° 57" 50" W, 10.00 feet to a point;
Thence southeasterly 48.64 feet along a 912.00 foot radius curve,
concave northeasterly, (chord S 45° 33' 50" E, 48.63 feet) to a point;
Thence N 42° 54' 30" E, 5.00 feet to a point;
Thence southeasterly 29.92 feet along a 907.00 foot radius curve,
concave northeasterly (chord S 48° 02' 10" E, 29.92') feet to a point;
Thence S 41° 01' 05" W, 15.00 feet to a point of intersection with the
northeasterly right of way line of John F. Kennedy Road;
Thence northwesterly along said right of way line, 105.00 feet along a
922.00 foot radius curve, concave northeasterly, (chord N 45° 43' 10" W,
104.94 feet) to the point of beginning, containing 1444 square feet, more
or less.
THE CITY OF
DUB
Masterpiece on the Mississippi
Insert Title
Insert Subtitle
DAGIS
DUBUQUE.. G_,GaAPHIC INFCRMa,ION
DISCLAIMER: This Information was compiled
sing he 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 CI y of Dubuque and participating agencies utilized the
most urrent 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 cable for any direct, Indirect, Incidental,
unfsequential, punitive, or special damages, whether foreseeable or
oreseeable, 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
1 inch = 100 feet
50
0
100 Feet
W E
Map Prepared by:
City of Dubuque
Engineering Division
50 West 13th Street
Dubuque, Iowa 52001
Phone: (563) 589-4270
Fax: (563) 589-4205