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ITC Midwest Easement Agreements_Key and Oliver Copyright 2014 City of Dubuque Consent Items # 6. ITEM TITLE: ITC Midwest Easement Agreement SUMMARY: City Manager recommending approval of two Easement Agreements for Public Sidewalk with ITC Midwest. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type ❑ ITC Midwest Easement Agreement-MVM Memo City Manager Memo ❑ Staff Memo Staff Memo ❑ ITC Midwest Letter Supporting Documentation ❑ JCG Land Services Letter Supporting Documentation ❑ Easement Agreement 2435 White Supporting Documentation ❑ Easement Agreement 2485 White Supporting Documentation THE CITY OF Dubuque UBE I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: ITC Midwest Easement Agreement DATE: July 16, 2015 City Engineer Gus Psihoyos recommends City Council approval of two Easement Agreements for Public Sidewalk with ITC Midwest. I concur with the recommendation and respectfully request Mayor and City Council approval. Micliael 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 THF CITY OF ,f DU_ bu DUB L gque ii I, Masterpiece on tete Mississippi zno;.1012,2013 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: ITC Midwest Easement Agreement DATE: July 7, 2015 INTRODUCTION In 2011 the City of Dubuque received notification of ITC Midwest electric transmission line maintenance work on city property. See attached notification. Work on these lines included raising the lines and some pole replacements. DISCUSSION On July 8, 2014 Mr. Bruce Bielema, Field Supervisor with ITC Midwest contact City Engineering regarding the pole locations needing change out. Thirteen locations were identified and reviewed by ITC and city staff. For three of the locations, an easement was required from abutting property owners for the public sidewalk to pass by the new ITC pole and meet the Americans With Disabilities Act for pedestrian passage clearance of four foot (4'). In working with the Legal Department and ITC, an easement agreement was developed to allow the public sidewalk to be constructed into private property, typically a distance of two and one-half feet (2-1/2'). The liability and maintenance of this one foot area remains with the abutting owner, just as the rest of the public sidewalk is the responsibility and liability of the abutting owner according to City Code Title 10-1-2. ITC has negotiated with two of the three property owners and is requesting the city's approval and signature for the two agreed properties. The two agreed properties are owners at 2485 White Street and 2435 White Street. Please see attached agreements and Exhibits. After the city has executed the documents, ITC will execute and record, sending the a copy to the city for our records. ITC is still in negotiation with the owner of 2849 White Street. Once there is an agreement I will forward that document to you and City Council for their approval as well. ACTION TO BE TAKEN Please review the attached request, easement agreements and exhibits for the public sidewalk constructed on private property. Your approval and consent of the City Council is requested. cc: Crenna Brumwell, Asst. City Attorney Maureen Quann, Asst. City Attorney ,Jane Smith, EAII RWANE SMITHWfility Projects&communication License\IT'C 2 ITC MIDWEST 123 Fifth Street SE Cedar Rapids, IA 52401 phone:319.297.6700 www.itctransco.com December 2, 2011 City of Dubuque 50W 13th Street Dubuque, IA 52001 RE: Upcoming Electric Transmission Line Maintenance Work — Salem — Center Grove, Dubuque County, IA I Dear Neighbor: ITC Midwest (ITCM), a subsidiary of ITC Holdings Corp,, purchased the electric transmission lMes3.in your area _from Alliant Energy 'in 2007. ITCM operates and maintains the line'located on your property, pursuant to an easement formerly owned by Alliant Energy, which easement was partially assigned to ITCM by Alliant Energy. We are writing to give you advance notice that ITCM will soon begin maintenance work on the electric transmission line located on your property. The planned work involves raising the transmission lines in the area. ITCM expects this work to begin around February 2012 and expects to complete this project by the end of April 2012. After the maintenance work is complete, ITCM will restore your land, as nearly as possible, to the condition existing before the start of this project. ITCM will also compensate you for any damage that occurs in the course of its work. If damages occur, please contact Jeanne Archie, Sr. Property Management Specialist at 319-297- 6764 or iarchieCcDitctratisco.com. This notice is also intended to inform owners of the properties on which the transmission lines are located to exercise caution and avoid getting near or making contact with the overhead transmission lines when working near or under them. At all times it is recommended that people avoid operating or using equipment (such as poles, ladders, cranes, dump trucks, etc.) near or under the lines. we're your energy SLiperhighway If you have any questions please give me a call. Sincerely, r-,n Jeanne L. Archie Sr. Property Management Specialist ITC Midwest 123 5 Street, SE Cedar Rapids, Iowa 52401 319-297-6764 i arch iep,itctransco.com May 29, 2015 4d!� �� Land Service, Iric. Attn: Jane Smith City Engineering City Hall 50 W. 13th Dubuque, IA 52001-4864 RE: ITC Midwest LLC, Dubuque 17th Street- Gardners Lane (sidewalk) Dear Jane Smith: Enclosed please find the following documents pertaining to the above referenced subject matter: 1. Signed Easement Agreement Public Sidewalk (Melvin&Jean Key) 2. Signed Easement Agreement Public Sidewalk (Michelle Oliver) Please return these documents in the provided envelope as soon as the appropriate city Official signs and has notarized the easements. Once they are returned I will send them to Christine Mason Soneral for her signature and get them recorded. As always, please feel free to contact me with any questions that you might have concerning this acquisition. I appreciate your time and attention to this matter. Respectfully, Ryan Stram Real Estate&Right of Way Representative 1715 South G Avenue • Nevada,Iowa 50201 1921 51st Street, Suite 3 • Cedar Rapids,Iowa 52402 Telephone: 515-382-1698 • Fax: 515-382-2778 Telephone: 319-362-3507 • Fax: 319-294-9306 e-mail:jegland(4jcgland.com • Wats: 800-353-8974 • Web Site: www.jcgland.com Return to: Prepared By: Mallory King — JCG Land Services o 1715 South G Avenue, Nevada, Iowa 50201 (515) 382-1698 Tarah Andrews -- JCG Land Services -- 1715 South G Avenue, Nevada, Iowa 50201 (515) 382-1698 EASEMENT AGREEMENT PUBLIC SIDEWALK THIS EASEMENT AGREEMENT ("Agreement"), entered into by the City of Dubuque, (hereinafter called "City"), Michelle L. Oliver, a single person, 2435 White St., Dubuque, IA 52001 (hereinafter called "Abutting Property Owners"), and ITC Midwest LLC, a Michigan limited liability company, 27175 Energy Way, Novi, MI 48377, its successor and assigns, ("ITCM") (collectively, City, Abutting Property Owners and ITCM may be referred to herein as the "Parties", individually as a "Party"); WITNESSETH: WHEREAS, the City desires to maintain adequate clearance between vehicular traffic and pedestrians to enhance pedestrian safety; and, WHEREAS, the width of the street right-of-way at the location herein described is not sufficient to accommodate both street paving and sidewalks and still maintain adequate clearance between vehicular traffic and pedestrians; and, WHEREAS, ITCM is replacing its existing electric transmission line facilities ("Facilities") currently located in the public sidewalk right-of-way, and said Facilities will remain in the public sidewalk right-of- way; and, WHEREAS, the City does not need additional right-of-way for vehicular purposes, but does for pedestrians only, the Abutting Property Owners grant permission for a public sidewalk to exist over the land described as follows: AS SHOWN ON THE ATTACHED PLAT MADE A PART HEREOF NOW, THEREFORE, iri consideration of the mutual promises herein stated, the parties agree as follows: Abutting Property Owners grant to the City permission to allow ITC to relocate and re -construct the existing concrete sidewalk onto the above described property. The City agrees that said sidewalk shall not be more than 4' wide. Said sidewalk shall be surfaced with 4" concrete, except it shall be 6" concrete through owner's driveway access to the street. ITC will bear all costs associated with the easement acquisition and/or pole relocation and sidewalk re- construction during the project. It is understood and agreed the consideration for this Agreement includes full compensation by ITC for all damages caused by the exercise of this Agreement, including compensation for the area encumbered by the newly constructed sidewalk, but said damages shall not include severance or consequential damages to Abutting Property Owners property. IV. Abutting Property Owners agree to maintain said sidewalk and make the necessary improvements to keep the sidewalk in good and safe condition in perpetuity according to City Code of Ordinances Title 10-1-2. V. Abutting Property Owners hereby grant permission and authority to the City to use the said land for a public sidewalk. VI. The easement hereby granted shall be perpetual from the date of this Agreement. VII. This Agreement shall not be binding until it has been approved and accepted by the City Council of Dubuque, Iowa, by Resolution. Said approval and acceptance shall be noted on this Agreement. ELECLNES.DOC/REVISED 04/16/15 Signed this 10 day of CITY OF DU UQUE, IOWA By: y ELECLNES.DOC/REVISED 04/16/15 2015 ABUTTING PROPERTY OWNERS Michelle L. Oliver, a single person By: ^ ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER STATE OF 1� COUNTY OF Dubl V 2_ ) ss: X INDIVIDUAL CORPORATE Title(s) of Corporate Officers(s): 34� N/A On this 7'(% day of °` AD. 2015 before me, Corporate Seal is affixed the undersigned, a Notary Publin and for said State, No Corporate Seal procured personally appeared Michelle L. Oliver, a single person to me personally known or provided to me on the basis of satisfactory evidence to be the persons(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), or the entity upon behalf of which the person(s) acted, executed the instrument. NOTARY SEAL ( n in Ink) _kt,\ok../v (Print/type name) Notary Public in and for the State of,...0 RYAN STRAM • `• Commission Number 739963 My GommIssion Expires ..rvh z-ol t} 4r ELECLNES.DOC/REVISED 04/16/15 PARTNER(s) Limited Partnership General Partnership ATTORNEY-IN-FACT EXECUTOR(s), ADMINISTRATOR(s), or TRUSTEE(s): GUARDIAN(s) or CONSERVATOR(s) OTHER SIGNER IS REPRESENTING: List name(s) of persons(s) or entity(ies): Self ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER STATE OF Iowa COUNTY OF Dubuque ) ss: On this 2 0th day of J u 1 y , AD. 2015 before me, the undersigned, a Notary Public in and for said State, personally appeared Roy D. Buol, Mayor Kevin S. Firnstahl, City Clerk INDIVIDUAL CORPORATE Title(s) of Corporate Officers(s): X N/A Corporate Seal is affixed No Corporate Seal procured PARTNER(s) Limited Partnership General Partnership X to me personally known ATTORNEY-IN-FACT provided to me on the basis of EXECUTOR (s), or ADMINISTRATOR(s), satisfactory evidence or TRUSTEE(s): GUARDIAN(s) to be the persons(s) whose name(s) is/are subscribed to or CONSERVATOR(s) the within instrument and acknowledged to me that OTHER 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), or the entity upon behalf of which the person(s) acted, executed the instrument. NOTARY SEAL. (Sign in Ink) r,s. e--- (Print/type name) Notary Public in and for the State of Iowa Commission Number 719986 My !!yCommission Expires ELECLNES.DOC/REVISED 04/16/15 SIGNER IS REPRESENTING: List name(s) of persons(s) or entity(ies): City of Dubuque Signed this day of , 20_ ITC MIDWEST LLC, a Michigan limited liability company By: ITC Holdings Corp., a Michigan corporation, its sole member By: Christine Mason Soneral, Its Vice President and General Counsel ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER INDIVIDUAL STATE OF Michigan ) X CORPORATE Title(s) of Corporate Officers(s): COUNTY OF Oakland ) ss: Christine Mason Soneral, Vice President and General Counsel N/A On this day of , AD. 20_ before me, Corporate Seal is affixed the undersigned, a Notary Public in and for said State, No Corporate Seal procured personally appeared Christine Mason Soneral PARTNER(s) Limited Partnership General Partnership X to me personally known ATTORNEY-IN-FACT EXECUTOR(s), or provided to me on the basis of ADMINISTRATOR(s), satisfactory evidence or TRUSTEE(s): GUARDIAN(s) to be the persons(s) whose name(s) is/are subscribed to or CONSERVATOR(s) the within instrument and acknowledged to me that OTHER 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), or the entity upon behalf of which the person(s) acted, executed the instrument. NOTARY SEAL (Sign in Ink) (Print/type name) Notary Public in and for the State of Michigan. ELECLNES.DOC/REVISED 04/16/15 SIGNER IS REPRESENTING: List name(s) of persons(s) or entity(ies): ITC Holdings Corp., a Michigan Corporation, it's sole memeber ACQUISITION PLAT SIDEWALK EASEMENT EXHIBIT A A PART OF LOT 12, FRANK FOSSELMANN'S SUBDIVISION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA \ \ \ \01'3318\ -a 1013378001 \ \ \ °1.33 25 \ / \ / \133JBOl4l N60'26'25"E 1013378002 \ 3/4" PIPE / 1013378003 \ V2.50' LOT 11, FRANK FOSSELMANNS i \ 1013378077 / VN 28'50'27"W 1 \ \ 5.00' 1013378004 \1013378018 /T 12, FRANK ILLEGIBLE / 3/4" 560'26'25"W\ YELLOW FOSSELMANN'S SURVEY PIP 104337801y, ' 2.50' CAP 1013378005 �v��� \ LOT 13, FRANK FOSSEL/O9NN'S 1013378006 \ 1013378020 / - 2G�\ / \ \ LOT 14, FRANK \ 1073378007 \ FOSSELMANN'S / \013378021 \ / 1073378008/ P.0.8. Et /2„ EBAR 528'50'27"E 5.00' \ 0 30 60 120 3/4" AXEL PIPE/ OWNER MICHELLE L. OLIVER, A SINGLE PERSON AREA 12.5 SQUARE FEET SCALE IN FEET SION ATURE DATE: 12/10/14 LEO P. BONIFAZI LICENSE NO. 13480 NE—LY COR. S 37' LOT 12 P.O.B. 528'50'27"E EDGE OF 5.00' SIDEWALK .N60'26'25"E— _ 2.50' 560'26'25"W 2.50' \__N28'50'27"W 5.00' R.O.W. LINE _ S28'50'27"E 86.24' P.O.B. TO AXEL (86.0 R) SIDEWALK EASEMENT DETAIL LEGAL DESCRIPTION The North 5.00 feet of the East 2.50 feet of the Southerly 37 feet of Lot 12, in "Frank Fosselmann's Subdivision" in the City of Dubuque, Dubuque County, Iowa, said Frank Fosselmann's Subdivision filed for record in Book 4, Page 131 in the Office of the Recorder of Dubuque County, Iowa, described as follows: Beginning at the Northeasterly corner of the South 37 feet of said Lot 12; thence South 28' 50' 27" East 5.00 feet along the Easterly line of said Lot 12; thence South 60' 26' 25" West 2.50 feet; thence North 28' 50' 27" West 5.00 feet; thence North 60' 26' 25" East 2.50 feet to to the point of beginning, containing 12.5 square feet. 1"=5' ACQUISITION PLAT SIDEWALK EASEMENT EXHIBIT A A PART OF LOT 12, FRANK FOSSELMANN'S SUBDIVISION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA DRAWN: BONIFAZI APPROVED: BONIFAZI SCALE: 1"=60. DATE: 12/10/14 PROJECT NO.: 14145 SCHNOOK-BONIFA2I ENGINEERING & SURVEYING, LC 431 FIFTH AVENUE 5W CEDAR RAPIDS, 18 52404 (319) 298-8888 (PHONE) s-b-engineering.com chnoor onifazi ;C'1€iy P,_4y1�cpl,a _I Return to: Mallory King -- JCG Land Services -- 1715 South G Avenue, Nevada, Iowa 50201 (515) 382-1698 Prepared By: Tarah Andrews --- JCG Land Services — 1715 South G Avenue, Nevada, Iowa 50201 (515) 382-1698 EASEMENT AGREEMENT PUBLIC SIDEWALK THIS EASEMENT AGREEMENT ("Agreement"), entered into by the City of Dubuque, (hereinafter called "City"), Melvin R. Key and Jean M. Key, Husband and Wife, 2485 White St., Dubuque, IA 52001 (hereinafter called "Abutting Property Owners"), and ITC Midwest LLC, a Michigan limited liability company, 27175 Energy Way, Novi, MI 48377, its successor and assigns, ("ITCM") (collectively, City, Abutting Property Owners and ITCM may be referred to herein as the "Parties", individually as a "Party"); WITNESSETH: WHEREAS, the City desires to maintain adequate clearance between vehicular traffic and pedestrians to enhance pedestrian safety; and, WHEREAS, the width of the street right-of-way at the location herein described is not sufficient to accommodate both street paving and sidewalks and still maintain adequate clearance between vehicular traffic and pedestrians; and, WHEREAS, ITCM is replacing its existing electric transmission line facilities ("Facilities") currently located in the public sidewalk right-of-way, and said Facilities will remain in the public sidewalk right-of- way; and, WHEREAS, the City does not need additional right-of-way for vehicular purposes, but does for pedestrians only, the Abutting Property Owners grant permission for a public sidewalk to exist over the land described as follows: AS SHOWN ON THE ATTACHED PLAT MADE A PART HEREOF NOW, THEREFORE, in consideration of the mutual promises herein stated, the parties agree as follows: Abutting Property Owners grant to the City permission to allow ITC to relocate and re -construct the existing concrete sidewalk onto the above described property. The City agrees that said sidewalk shall not be more than 4' wide. Said sidewalk shall be surfaced with 4" concrete, except it shall be 6" concrete through owner's driveway access to the street. ITC will bear all costs associated with the easement acquisition and/or pole relocation and sidewalk re- construction during the project. It is understood and agreed the consideration for this Agreement includes full compensation by ITC for all damages caused by the exercise of this Agreement, including compensation for the area encumbered by the newly constructed sidewalk, but said damages shall not include severance or consequential damages to Abutting Property Owners property. IV. Abutting Property Owners agree to maintain said sidewalk and make the necessary improvements to keep the sidewalk in good and safe condition in perpetuity according to City Code of Ordinances Title 10-1-2. V. Abutting Property Owners hereby grant permission and authority to the City to use the said land for a public sidewalk. VI. The easement hereby granted shall be perpetual from the date of this Agreement. VII. This Agreement shall not be binding until it has been approved and accepted by the City Council of Dubuque, Iowa, by Resolution. Said approval and acceptance shall be noted on this Agreement. ELECLNES.DOC/REVISED 04/17/15 Signed this ,„11. day of CITY OF D UQUE, IOWA By: Attest By: ELECLNES.DOC/REVISED 04/17/15 ,20.) ABUTTING PROPERTY OWNERS Melvin R. Key and Jean M. Key, Husband and Wife B _.. By: ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER STATE OF COUNTY OF d-, ) ss: +oA On this Z 3 day of << , AD. 205 before me, the undersigned, a Notary ublic in and for said State, personally appeared Melvin R. Key and Jean M. Key, Husband and Wife to me personally known or K provided to me on the basis of satisfactory evidence to be the persons(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), or the entity upon behalf of which the person(s) acted, executed the instrument. NOTARY SEAL ign in Ink) (Print/type name) Notary Public in and for the State of w� RYAN STEAM Commission Number 739963 My Commission Expires ow /�1cr 41 3(1 Zo.(j ELECLNES.DOC/REVISED 04/17/15 X INDIVIDUAL CORPORATE Title(s) of Corporate Officers(s): N/A Corporate Seal is affixed No Corporate Seal procured PARTNER(s) Limited Partnership General Partnership ATTORNEY-IN-FACT EXECUTOR(s), ADMINISTRATOR(s), or TRUSTEE(s): GUARDIAN(s) or CONSERVATOR(s) OTHER SIGNER IS REPRESENTING: List name(s) of persons(s) or entity(ies): Self ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER STATE OF Iowa ) COUNTY OF Dubuque ) ss: On this 20th day of July , AD. 2015 before me, the undersigned, a Notary Public in and for said State, personally appeared Roy D. Buol, Mayor PARTNER(s) Limited Partnership Kevin S. Firnstahl, City Clerk General Partnership INDIVIDUAL CORPORATE Title(s) of Corporate Officers(s): X N/A Corporate Seal is affixed No Corporate Seal procured X to me personally known ATTORNEY-IN-FACT EXECUTOR(s), or provided to me on the basis of ADMINISTRATOR(s), satisfactory evidence or TRUSTEE(s): GUARDIAN(s) to be the persons(s) whose name(s) is/are subscribed to or CONSERVATOR(s) the within instrument and acknowledged to me that OTHER 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), or the entity upon behalf of which the person(s) acted, executed the instrument. NOTARY SEAL C.__... (Sign in Ink) &i So-- (Print/type name) Notary Public in and for the State of Iowa RISH L. GLEASON :;urnmission Number 719986 Mot Commission Expires ELECLNES.DOC/REVISED 04/17/15 SIGNER IS REPRESENTING: List name(s) of persons(s) or entity(ies): City of Dubuque Signed this day of , 20 . ITC MIDWEST LLC, a Michigan limited liability company By: ITC Holdings Corp., a Michigan corporation, its sole member By: Christine Mason Soneral, Its Vice President and General Counsel ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER STATE OF Michigan COUNTY OF Oakland ) ss: On this day of , AD. 20_ before me, the undersigned, a Notary Public in and for said State, personally appeared Christine Mason Soneral INDIVIDUAL X CORPORATE Title(s) of Corporate Officers(s): Christine Mason Soneral, Vice President and General Counsel N/A Corporate Seal is affixed No Corporate Seal procured PARTNER(s) Limited Partnership General Partnership X to me personally known ATTORNEY-IN-FACT provided to me on the basis of EXECUTOR (s), or ADMINISTRATOR(s), satisfactory evidence or TRUSTEE(s): GUARDIAN(s) to be the persons(s) whose name(s) is/are subscribed to or CONSERVATOR(s) the within instrument and acknowledged to me that OTHER 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), or the entity upon behalf of which the person(s) acted, executed the instrument. NOTARY SEAL (Sign in Ink) (Print/type name) Notary Public in and for the State of Michigan. ELECLNES.DOC/REVISED 04/17/15 SIGNER IS REPRESENTING: List name(s) of persons(s) or entity(ies): ITC Holdings Corp., a Michigan Corporation, it's sole memeber ACQUISITION PLAT SIDEWALK EASEMENT EXHIBIT A A PART OF LOT 12, FRANK FOSSELMANN'S SUBDIVISION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA \ ,\ '\ \ ti \ /10,378001 / \ \ 7O133j8p\ \ C Y \'33jB\° N60'26'25 E \ / / \ \ 2.50' \1 \ 1013378002 ----\V V LOT 11, FRANK \ / \ FOSSELMANN'S S28'50'27"E 1013378017 18.00' / \ 3/4" / \0(1 /2„ ic PIPE / 1073378003 /-- „,'. ono EBAR \ N28'50'27"W / 18.00' 1013378004 \ILLEGIBLE / 3/4' YELLOW / PIPE SURVEY 860'26'25"W 1013378018 LOT 12 FRANK FOSS: MANN S s 1013378019 tea'- O 1013378005 � \\/ 2.50', ��/ 2j / / \ �/ LOT 13 FRANK \ FOSSELMANNS 5l /1073378008 / \ 1013378020 -LOT 14, FRANK �� FOSSELMANN'S 1013378021 OWNER MELVIN R. KEY AND JEAN M. KEY, HUSBAND AND WIFE AREA 45.0 SQUARE FEET 1013378007 \ ✓ / 7013378008/ \/ AXEL 0 30 60 120 \ 3/4" SIGNATURE SCALE IN FEET DATE: 12/10/14 LEO P BONIFAZ1 LICENSE NO. 13480 R.O.W. LINE 528'50'27"E 18.00' EDGE OF SIDEWALK E COR. N 23' LOT 12 P.O.B. \ \ \ N60'26'25"E __llll��LL —� - - - 2.50' \ 1\ N28'50'27"W 18.00' 0 SIDEWALK EASEMENT DETAIL LEGAL DESCRIPTION The South 18.00 feet of the East 2.50 feet of the North 23 feet of Lot 12, in "Frank Fosselmann's Subdivision" in the City of Dubuque, Dubuque County, Iowa, said Frank Fosselmann's Subdivision filed for record in Book 4, Page 131 in the Office of the Recorder of Dubuque County, Iowa, described as follows; Beginning at the most Easterly corner of the North 23.00 feet of Lot 12; thence South 60' 26' 25" West 2.50 feet; thence North 28' 50' 27" West 18.00 feet; thence North 60' 26' 25" East 2.50 feet to a point of intersection with the East line of said Lot 12; thence South 28' 50' 27" East 18.00 feet along said East line to the point of beginning, containing 45.0 square feet. 1"=5' ACQUISITION PLAT SIDEWALK EASEMENT EXHIBIT A A PART OF LOT 12, FRANK FOSSELMANN'S SUBDIVISION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA DRAWN: BONIFAZI APPROVED: BONIFAZI SCALE: 1"=60' DATE: 12/10/14 PROJECT NO.: 14145 SCHNOOK-BONIFAZI ENGINEERING & SURVEYING, LC 431 FIFTH AVENUE 5W CEDAR RAPIDS, IA 52404 (319) 298-8888 (PHONE) s-b-engineering.com chnoor onifazi